Research On Some Issues About The Crime Of Kidnapping

Criminal Law in 1997 establishment the crime of kidnapping, However, due to loopholes in legislation, the constituent elements of the crimes, the patterns of crime and other issues in theory there is a big controversy. In judicial practice, which is also prone to crime and criminal similar confusion. Enactment of the new Criminal Code now, whether in academics or members of the judiciary, legislative provisions to improve the voice of the crime of kidnapping are getting higher and higher. This paper conducted a preliminary study of some of these questions and put forward their own views.The full text is divided into three chapters. The first chapter analyzes certain components of the elements of the crime of kidnapping. The author said : blackmail to a third person is not an essential element of the crime of kidnapping-extortion; Kidnapping must not use coercive means; Spatial displacement must not kidnapped; The hostage-kidnapping for unlawful purpose to be subjective; The heavier elements of the crime of kidnapping should be determined strictly grasp. The second chapter deals with the crime of kidnapping and robbery, extortion, illegal detention and other crimes similar to the distinction between crimes. Chapter III of the crime of kidnapping perfection of the legislative proposals. That the main of the crime should be expanded; Expression should be amended counts and charges should be kept separate. The penalty for the crime of kidnapping should set up a reasonable adjustment. Elements of the crime of kidnapping should be clearly established to reduce to divide criminals and protect the safety of the hostages.