On The Crime Of Kidnapping

The criminal law of 1997 sets the most severe punishment for kidnapping crime. So kidnapping behavior is a kind of having huge society harmfulness crime. It not only has infringed upon civil rights, property rights, but also society common order, national security and so on. The criminal law of 1997 specifically sets corresponding punishment in the 239th for kidnapping behavior, but a lot of dispute from academic and practical professionals on it exist, including crime name, punishment, the 239th article linking up others and so on.Within legislation frame, this article according to three criminal fundamental principles, firstly has discussed qualifications of kidnapping crime, including basic qualifications, aggravating qualifications, revised qualifications. This text has tried to analyze how to judge various concrete conditions. Secondly, I have discussed how to differentiate kidnapping crime from others, e.g. unlawful detention, plundering, extorting. At last, the author has referred to foreign legislation combining with our national condition, and given some legislation suggestion on aggravating or lightening qualifications of kidnapping crime, criminal liability age and legal punishment.