Research On Several Questions About Kidnapping

At the beginning of the legislation towards the kidnapping, discussions about this crime in the theoretical or the practical circles are keeping on. However, due to the reasons that the legislation towards the kidnapping is not perfect, the feature of this crime is complicated or special, etc. there are great divarication and vague understandings for the cognizance towards the kidnapping in theory and judicial practice. What's more, because of the heavy sentencing for the kidnapping, it makes the judicial executants feel embarrassed when they are facing the terminating and sentencing of the kidnapping. I will explore and research some prominently difficult problems in the kidnapping.Part One is about the distinction between the kidnapping and its related crimes. According to the article 239 of the criminal law, the kidnapping has three kinds of act forms, which are kidnapping another person for the purpose of extorting money or property, kidnapping another person as a hostage, and stealing a baby or an infant for the purpose of extorting money or property. In the Judicial practice, the kidnapping with the purpose of extorting money or property is easy to be confused with the crime of robbery, extortion and illegal imprisonment for a debt-claim. This chapter is to demonstrate the different features between the kidnapping and the three accusations.Part Two is about the number of crime for the kidnapping. From the issue of the number of crime in the legislation of kidnapping combined with the theory of the constitution of a crime and the number of crime in criminal law, this chapter summarizes several familiar situations related to the number of crime for kidnapping and presents the rules for the cognizance of the number of crime under each situation.Part Three is about the cognizance towards the form of suspension in the kidnapping. In this chapter, through introducing and commenting various disputes about the issue of accomplished crime and attempted crime, based in provisions of current law, and with the theory of criminal law of criminal amendment, we finally get a conclusion that the actors already have accomplished this crime if they have carried out actual kidnapping action as well as controlled the freedom of the hostages.Part Four is the issue about the punishment towards the kidnapping. This chapter is to comment the shortage of current legislation of kidnapping. It especially points out the disadvantages of the high start of punishment in the kidnapping and the absoluteness of the articles in death penalty. Therefore I am to present my personal opinions in this chapter.