Study On Several Disputable Problems About Kidnapping Crime And Legal Perfection

In the paper, the author mainly discussed the establishments of the crime of kidnapping and the allocation of the crime's legal penalty.Kidnapping, which is also be described as the illegal hijacking hostages, is a serious criminal act against the personal rights. The crime and the penalty were firstly provided in the Decision on the Combating the Crime of Kidnapping, Abduction and Sale of Women and Infants which was promulgated by the Standing Committee of NPC. In the decision, the crime was described as "kidnapping and extortion crime". That is, with the purpose of extortion and demanding other illegal benefits, the criminals committed the crimes of kidnapping the victims and stealing the infants. In the 239th article of Criminal Law of PRC, apart from the addition of "kidnapping the victims as the hostage", the concept of kidnapping crime remained unchanged. In Dec. 16, 1997, the People's Supreme Court confirmed the accusation of the 239th article of Criminal Law of PRC as kidnapping crime. As one new accusation which was added in the Criminal Law(1997), the article provided the effective weapon for the judicial authority to fight against the serious violent crimes so as to safeguard the personal rights, property rights and the other legal rights of the citizens. However, because of the legislative defects on the kidnapping crime, disputes have been caused both in the theoretical and the practical backgrounds. Under such circumstance, it is hard for judicial authority to implement the article of kidnapping crime correctly into practice.In this paper, from the backgrounds of the establishment of kidnapping crime,...