Research On Several Qurstions About Crime Of Kidnapping

Amendment after kidnapping while lowering the minimum statutory penalty, but the charges in the theory and practice of some dispute persists on the suspected problem. This article on judicial practices extend to discuss three major issues: kidnapping of "debt" issue, the debt-illegal confinement and kidnapping for ransom of distinction and summarizes the kidnapping of illegitimate debts and clear identification of the amount in excess of debt; and from perpetrating Act violations and object both on the kidnapping of the completion of forms, think of kidnapping is a typical criminal behavior implicates compound, with the objective of the kidnapping and ransom or other wrongful acts require two; resolution of kidnapping minor to minor judgment be based and evaluation criteria. Concrete is divided into the following three parts:First, the kidnapping of the "debt" issue, in this section focus on the analysis of the debt-illegal confinement and kidnapping and ransom-qualities, and as a result of the amended provisions of the kidnapping has relatively serious reduction of punishment, for ransom unlawful debt of kidnapping to kidnapping, for obvious more than the amount of debt can be subjectively identified the existence of intentional illegal possession, and objectively exceed the amount of the itemset size and total number of the original debt relative to certification. Second, the kidnapping of the completed form, the object implementing acts and violations of kidnapping of criterion suggested a different point of view, that of kidnapping is the typical behavior implicates hybrid offence, the objective aspects of kidnapping by the kidnapping and ransom or other wrongful act requires two components.Third, Kidnapping minor finds, kidnapping in minor "plot" the meaning of the term, minor judgment Foundation is able to influence the kidnapping of the severity of the elements of fact, and from the subjective and objective on the exposition. Minor evaluation criteria is kidnapping against legal interests.This article summarizes the comparison between the different views of scholars, other legislative practice and experience, in brief the origin of our kidnapping and legislative changes at the same time, the current problems of kidnapping for analysis with a view on the kidnapping of increased.