Discussion On The Difficult Questions About Crime Of Kidnapping For Ransom

The crime of kidnapping for ransom is a new-added charge in our actual criminal law. According to judicial practice of the new criminal law, the commitment of the crime of kidnapping for ransom, whose probability goes up along with the continuous growth of our country' s economy, has become one of the familiar serious crimes in recent years. The criminal behaviour infringes the other citizens' personal right, property right and the other rights, disturbs social peace and poses a menace to the economic system and living order of our country. So these conducts should be chastised legally.At present, owing to the faultiness of the legislation of the crime of kidnapping for ransom and the complicacy and particularity of the characteristics of crime of kidnapping for ransom, there are considerable divarications and vaguer cognition on cognizing the crime of kidnapping for ransom theoretically and practically, which further brings on certain imbalance on judicial appliance: the same behaviour may be treated differently. This urges us to attach more importance to researches on the cognizance and punishment of crime of kidnapping for ransom, especially on questions like how to define the essential characteristics and constitutive requirements of crime ofkidnapping for ransom, how to differentiate crime of the kidnapping for ransom from the other approximative crimes, how to distinguish one crime and plural crimes committed by one person on crime of kidnapping for ransom and how to punish the defendant of crime of kidnapping for ransom suitably. In this dissertation, the author tries to combine the real case in the judicial practice to discuss the difficult questions on the cognizance of the crime of kidnapping for ransom.The dissertation has six chapters.Chapter one: brief introduction of crime of kidnapping for ransom. This chapter sets the respective expatiations on the legislative comparison of crime of kidnapping for ransom and the historical evolution of our country' s legislation of crime of kidnapping for ransom as the background. Through analyzing the status quo in the judicial practice on crime of kidnapping for ransom, this chapter will point out the necessity of emphasizing the research on the cognizance and punishment of crime of the kidnapping for ransom both theoretically and practically.Chapter two: The Judicial cognizance of crime of kidnapping for ransom. The author here first clarifies the definition and essential characteristics of crime of kidnapping for ransom. She then discusses three questionable issues about the cognizance of crime of kidnapping for ransom: the age for criminal responsibility, the subject elements of crime of kidnapping for ransom and the objective means and behavioral modes. Some personal opinions will be put forward in the last part of this chapter: a person who has reached the age of 14 but not the age of 16 cannot become the subject of crime of kidnapping for ransom; the required subjective intention should be engendered before the behaviour of kidnapping or during the process of kidnapping and the specific contents and course of kidnapping cannot be considered as one of the constructiverequirement of the crime of kidnapping for ransom; whether an onefold deceptive behaviour can be recognized as a crime of kidnapping for ransom depends on the specific situation and to commit a crime of kidnapping for ransom does not always require the displacing of the kidnapee.Chapter three: the differentiation between crime of kidnapping for random and the other approximative crimes. In order to better distinguish various crimes in judicial practice, this chapter will, combining theory with specific cases, dissertate the commonness and differences among crime of kidnapping for ransom, crime of false imprisonment for ransom, crime of robbery and crime of extortion.Chapter four: the cognizant standard of complete crime of kidnapping for ransom and the patterns of incomplete crime of kidnapping for ransom. First, by analyzing and comparing, the author thinks that the "single behaviour theory" should be recognized as the cognizant standard of complete crime of kidnapping for ransom, for it suits constructive requirements of crime of kidnapping for ransom and the original legislative intention. Second, the author, according to the standard of the "single behaviour theory" , analyzes three patterns of incomplete crime of kidnapping for ransom, especially pointing out that only those who have commenced the conduct of kidnapping yet have not actually control the kidnapee can be recognized as the discontinuing criminal.Chapter five: The crime quantity pattern of crime of kidnapping for ransom. This chapter will discuss this question in three aspects: the crime quantity of crime of kidnapping for ransom that has been regulated in the criminal law, the crime quantity of kidnapping for ransom that has not been regulated in the criminal law and the crime quantity under the condition of committing the other crimes of violence while kidnapping. As to the crime quantity under thecondition of committing the other crimes of violence while kidnapping, the author thinks that whether the violent pattern of the other crimes of violence goes beyond the violent extension of crime of kidnapping for ransom should be considered as its standard and the final result should depend on the specific situation.Chapter six: the cognizance of special extenuating circumstances under the statutory sentence of crime of kidnapping for ransom. In this chapter, the author first discusses the necessity and significance of the special extenuating circumstance under the extremely strict statutory sentence of crime of kidnapping for ransom. She then further analyzes the comprehension and appliance of special extenuating circumstances in the judicial practice. At last, she expresses her own viewpoint: the comprehension and appliance of special extenuating circumstances should be neither too lenient nor too stringent.In conclusion, the discussion on crime of kidnapping for ransom has a direct meaning to conviction and sentencing and to the protection of the criminal object. How to exert the essential theory of crime of kidnapping for ransom correctly, how to analyze and resolve the new problems in the judicial practice effectively and how to keep impartial are theoretical and practical tasks on crime of kidnapping for ransom all the time. These questions need to be lucubrated ceaselessly.