Talk About Several Questions Of Kidnapping Crime

Crime of kidnapping is mean the action of using near relatives of the kidnapped or others who worry about the kidnapped to hijack or control other person by means of force, intimidation or anesthesia with the purpose of extorting property or fulfilling other illegal needs. The crime belongs to crimes of infringing citizen's person right and democratic right.The subject of kidnapping is general subject, which means natural person who has attained the age of 16 and has capacity for criminal responsibility. According to the subsection 2 of article 17 in Criminal Law of the People's Republic of China, the person who has not attained the age of 16 needs not to be responsible for kidnapping.So, should the person who has made the kidnapped death or has murdered the kidnapped in course of kidnapping bear the criminal responsibility? I think it is necessary to make the legislation concerning kidnapping perfect and then to prescribe in subsection 2 of article 17 in Criminal Law that person who has attained the age of 14 should take criminal responsibility for kidnapping.The criminal object of kidnapping is complex object. Kidnapping is infringing citizen's rights of physic freedom, health, life and property. Through specific analyzing, the article finds the action of kidnapping with purpose of extorting property has infringed other person's rights of physic freedom, health and life as well as property rights, but the action of kidnapping with purpose of making the kidnapped as hostage has only infringed other person's rights of physic freedom, health and life. Therefore personal right is the main object of kidnapping crime.Subjective element of kidnapping is direct intention. This intention contains two sides: one is the purpose of extorting property; the other is the aim of snatching else benefits. The criminal purpose of kidnapping is single, action of hijacking other person and imprisoning other's personal freedom is just the mean of achieving criminal purpose but nor the necessary subjective element of kidnapping.Objective element of kidnapping appears as the action of offender using force, intimidation, anesthesia or other means to kidnap other person. Other means indicateactions of using the means except force, intimidation and anesthesia to make the victim ignorance of revolt or incapable of revolt.According to regulation in our Crime Law, the specific action of kidnapping has two ways: one is to kidnap one person as hostage aiming at extorting property; another is kidnap one person as hostage but not aiming at extorting property, which does not conclude the situation of kidnapping other person on application for debt. The essence of kidnapping lies on kidnapping someone as hostage, as long as the offender has the subjective purpose to extorting property or fulfilling other illegal interest, and objectively implemented act of kidnapping and used strength to control someone, the action can be cognized as completed offense.In so far as the situation that offender has made the kidnapped death or has murdered the kidnapped in course of kidnapping, this action should be sanctioned in accordance with the regulation of our Crime Law. If offender has robbed the kidnapped in course of kidnapping, I think this should only be convicted of kidnapping crime but be traded as concurrence of offences of kidnapping and robbery. Suppose offender who has participated spy organization, the underworld or terrorist organization has kidnapped someone, I suggest this should be convicted of one crime, kidnap act being aggravate circumstance or aggravate outcome.As regards the conviction of kidnapping, the main difference between this crime and crime of false imprisonment lies on criminal purpose; there are also substantive differences between kidnapping and robbery or extortion in the object at which the criminal act aims and the conduct way of fulfilling criminal purpose...