Research On Several Juridical Difficult Questions About The Crime Of Kidnapping

Kidnapping is kind of violent crime which has serious social negative influence. Since the beginning of the establishment of the crime of kidnapping,the theory and practice of the profession on the Crime of the difficult problems have been discussed hotly;many issues still have not been satisfactorily resolved.The paper expounds on some important problems about the crime of kidnapping in order to benefit the judicial practice.The first part is on the crime of kidnapping charges.The author agrees with Article 239 of the Penal Code defined as a crime of kidnapping.The view that a more scientific and rational to avoid the drawbacks of the other claims and fully consistent with the spirit of the legislation and legal theory,to accurately reflect the nature of the crime,and also conducive to the rule of law publicity and the practical needs of law popularization.The second part,constitute elements of the crime of kidnapping.The criminal object of kidnapping is complex object.In addition to the crime of hostage personal rights violations and violations of another object of the crime is the third person's self-determination.The object of the Crime of kidnapping represents the performance of the perpetrator of violence,coercion,narcotic or other methods,the kidnapping of a person's behavior.The objective of this crime is a complex act,and by the kidnapping and extortion of property or illegal to ask the two components;kidnapping does not require people were kidnapped from the original sites.The subject of kidnapping is general subject,which means natural person who has attained the age of 16 and has capacity for criminal responsibility.According to the subsection 2 of article 17 in Criminal Law of the People's Republic of China,the person who has not attained the age of 16 needs not to be responsible for kidnapping.Subjective element of kidnapping is direct intention.This intention contains two sides:one is the purpose of extorting property;the other is the aim of snatching else benefits.The criminal purpose of kidnapping is single,action of hijacking other person and imprisoning other's personal freedom is just the mean of achieving criminal purpose but nor the necessary subjective element of kidnapping.The completion of the Crime of kidnapping depends on the implementation of this crime is a complex act or acts.I agree "complex acts," and that "acts of extortion kidnapping +(or other unlawful requirements of the act)." Specifically,the perpetrator must have subjective blackmail property or other unlawful interests of the purpose and objective in the implementation of the acts of kidnapping and extortion, and the others must at the same time violating the personal rights and the right to self-determination third person to a crime of kidnapping.The process of kidnapping and stolen property,I tend to only one count of kidnapping for the crime;in the process of kidnapping people and betrayed the people were kidnapped,should be the crime of kidnapping,trafficking Combined Punishment of the crime of women and children;in the process of kidnapping was kidnapped and raped women,young girls,the same should apply Combined Punishment;the process,of kidnapping resulting in death was kidnapped or killed by the kidnappers,according to China's criminal law provisions only to the crime of kidnapping a crime convicted and punished.As regards the conviction of kidnapping,the main difference between this crime and crime of false imprisonment lies on criminal purpose;differences between kidnapping and robbery or extortion there are also substantive in the object at which the criminal act aims and the conduct way of fulfilling criminal purpose.