Reseach On The Major Issues Of Kidnapping

Kidnapping is a kind of social harmfulness great assaultive criminal, a serious violation of the rights of others and property rights, especially for hostages life safety caused significant threat and damage to people's social security, causing extreme influence. But from the beginning of the legislation of kidnapping, the theory and practice of discussion about this crime has been going on, many problems have not been solved well.This paper discuss some problems of the crime of kidnapping, not for some paper, beg for the complete system of larger issues of midsized dispute forwards his own thought to judicial practice, can be reference or even become scholars of criticism targets.This article except preface and epilogue outside, is divided into four parts:The first part, kidnapping qualitative dispute.This section discusses the theory of criminal law and through in-depth about kidnapping in judicial practice there existed many controversial qualitative, in analyzing and reviewed the relevant opinions based on that conclusion, the crime of kidnapping for complex object, the object of the crime, in addition to infringe upon the hostages, infringe upon the personal rights outside another crime object is the third self-determination; The objective aspects of kidnapping, their criminal behavior by kidnapping behavior and extortion property or unlawful requirement put forward two aspects, the performance of behavior for crimes violence, coercion, anesthesia or other methods, kidnapping the behavior of others. The subjective aspects of kidnapping, should will depend upon the request shall be restricted in "illegal" range. Its criminal purpose is to kidnap hostage to a third party (including extortion unlawful requirements proposed property or other illegal requirement).The second part, kidnapping and a common criminal crime stop form controversy. Analysis with the accomplishment of kidnapping, by the analysis and comparison, attempted to "complex behavior that said" as kidnapping accomplishment determination standards more accord with kidnapping constitutions and legislative intent. Based on the objective aspect is the crime of kidnapping the view that compound behavior that kidnapping is a continuous committed in practical control the victim, after kidnapping behavior and lawless state, is still in the continuous state, the common intention and implementation of the others convicted of the involvement of behavior may constitute this crime in the accomplice. It also analyzes the common crime of kidnapping the circumstances of irrtumslehre.The third part, kidnapping crime number form dispute. "Kills the kidnapped person" case, from semantic, adapt to the punishment of basic principle of China's criminal judicial policy analysis, think of should be "kills the kidnapped person" as aggravating results; In the process of implementing hostage-taking kills the kidnapped person belongs to the number of the essence of SINS, legal one crime. It also analyzes the process in the kidnapping of other violent crime ideology crime number.The fourth part, kidnapping punished dispute. This part of the absolutely certain "sentenced rational analysis" regulation, think should according to our country's and the provisions of the criminal law point reference foreign with relatively sure, the legal punishment replace absolutely certain death. In combination with the amendment of criminal law (7) about the kidnapping of major revision to the judicial practice, how to recognize kidnapping plot in "lighter" issues were discussed, and puts forward some opinions of the author.