The Completion Standard And Application Of The Crime Of Kidnapping

The predecessor of the crime of kidnapping is the National People's Congress in 1991 "Resolution on Severely Punishing trafficking, kidnapping women and children, the decision of criminals" in the provisions of the "kidnapping claim financial crimes." Since 1997, the Penal Code was enacted, the crime of kidnapping has been the controversial Legal Sentence of its high setting, the crime of kidnapping crimes suspension, common crime, as well as the crime of the crime of kidnapping and illegal detention, extortion, robbery and similar charges difference. And this series of confusion is rooted in the crime of kidnapping is not able to give a reasonable Accomplished standard definition. This not only led to the theory community in the crime of kidnapping problem in a number of conflicting interpretations by the column, but also led to the administration of justice practitioners in the right place similar to the crime of kidnapping cases, but gives very different decision. This not only violates the basic principles of crime compatible, it also undermines the credibility of the judiciary. The confusion lies in the lack of practice reasonable and effective support of the theory, so the correct address of the consummated crime of kidnapping standards, even more important.The controversy of kidnapping mainly relies on the object and the objective aspects of the definition. Accomplished our academic standards of kidnapping, five main ideas are represented. That is "a single act of a single object " standard, "a single act of a complex object " standard ,"complex behavior of a single object " standard , "Complex behavior of a complex object " standards as well as "mixed " standard. I think that only a "complex behavior of a complex object " for the crime of kidnapping Accomplished standards, appropriate that the offender is only in the implementation of the hostage-taking (or stealing of infants and young children) and after the act, the ED also requested by a third party illegal behavior, Accomplished would constitute the crime of kidnapping. The author then analyzes the specific sub-standard use of such an accomplished reasons. First, from France to explain the meaning of article should be on the understanding of kidnapping should not be contrary to the basic consensus of the people; second, the crime of kidnapping the legislative evolution from the point of view, the predecessor of the crime of kidnapping is "the crime of kidnapping for ransom"; third , from the crime of kidnapping of Legal Sentence set point of view, the higher Statutory Sentence should be limited scope of application; fourth, from the penalty under the point of view, conviction and sentencing is based on behavior should be reflected in people's subjective malignant, and only the "Complex behavior of a complex object that" standards could show the perpetrator's subjective larger vicious crime and the get the application of the Legal Sentence.Accomplished on the correct kidnapping found that judicial practice is conducive to resolving some of the kidnappers appear to specifically address the difficult problems. If we use the standard that "complex behavior of a complex object " to analyze kidnapping ,we can learn that implemented only when the perpetrator acts of hostage-taking (or stealing the behavior of infants and young children), without further implementation of the requirements to third party criminal before the waiver of a crime shall be recognized as the suspension of kidnapping; just the other actors involved in illegal acts to obtain money and property, and other criminals can still constitute a common crime of kidnapping; kidnapping in the abduction victims should be by means of acts of violence, coercion or other so that the victim can not or dare not resist manner, but not the way of deception by which you can to distinguish between kidnapping and extortion; kidnapping should include control (or pilferage the young infants)and make outrageous for two, and illegal detention of a crime is only the victim of personal freedom of action, so you can also distinguish between the two crime.