On The Defect Of Statutory Sentence Of Kidnapping And Consummation Of Legislation

As a serious violent offence, kidnapping is the severest statutory sentence stated in the criminal law in China. To the crime of common components, the minimum term limit of statutory sentence is ten years' set term of imprisonment. However, to the aggregated consequential offense, the punishment disposed is absolute statutory sentence-death penalty. What's more, the principle part of kidnapping excludes the minor under sixteen. In practice, the statutory sentence to kidnapping cannot satisfy the needs of combating kidnapping in the judicial practice in China. On the contrary, it caused the imbalance and perplexity in judicial application. Because of one wrong think, there is such a great disparity in handling the case of kidnapping that the judicial functionary always feel like on thin ice. The differences in theoretical understanding, the hard choices faced by judicial functionary and the actor with the same action but disposed with different sentences just like that of in heaven and hell, all those cry for the perfection of legislation, for the statutory sentence of kidnapping.Combining with corresponding cases, this thesis starts from the statutory sentence, then it expatiates deeply on the current disputed problems and defects, at last, it gets to the point of the solutions which corresponds with the spirit of legislation. That is: Lower the legal minimum sentence; the supplemental kidnapping should responsible for the criminal liability, make perfect the descriptions on charges in an indictment, change the mode of absolute statutory sentence to that of comparative statutory sentence.