On The Crime Of Kidnapping

This thesis consists of four chapters.Chapter one gives a general introduction to the crime of kidnapping. It includes two parts. The first part sums up the legislative evolution of the crime of kidnapping, and the other part discusses the definition of the crime of kidnapping. The author lists the present definitions of the crime of kidnapping from the theoretical perspective, and makes comments on them one by one, then puts forward his opinions on this issue.Chapter two expounds the constitutions of the crime of kidnapping. With regards to the object of kidnapping, the author agrees with the "simple object theory" and explains it in great detail, then refutes the opinions of "complex object theory" and "coexistence theory". As for the objective aspects of kidnapping, this thesis mainly points out the characteristics of the objective aspects of kidnapping, that is, the multilayer of method behavior and aim behavior. With respect to the subject of kidnapping, the author considers that people who are above 14 and under 16 are the main subjects of kidnapping, and explains the reason for it. As for the subjective aspects of kidnapping, the author mainly expounds significance of deciding the objective of kidnapping in differentiating it from other crimes.Chapter three also expounds the constitutions of the crime of kidnapping, and it is the focal point of this thesis. It mainly includes three parts: first part is about the difference between kidnapping and other similar crimes, and especially the difference between the kidnapping and the crime of robbery, extort, and the crime of false imprisonment; the second part is about the issue of the standard for accomplished kidnapping, the author agrees with the "simple object theory" and explains it in great detail; the third part is about the problems of one crime and joinder of crimes. The author puts forward his own opinions on the common situations that determine the nature of an offense such as the robbery, death of kidnapee, and killing the kidnapee in the crime ofkidnapping.Chapter four is about how to perfect legislation of crime of kidnapping. The problems with the existing legislation of crime of kidnapping mainly include: first, the expression about the fact about the crime of kidnapping is of defects; second, the minimum sentence for crime of kidnapping is too high and unreasonable.