Research On The Scope Of Subject Of Kidnapping Crime

Kidnapping is a kind of the crime of violation of personal and property rights.It's Objective patterns of behavior is kidnapping hostages or stealing infant to blackmail or make illegal demands.The subject of kidnapping crime is general subject which is minors above 16 years old.The existing criminal law describes the kidnapping counts simply.However,the practice of criminal justice has often encountered difficulties of the appropriateness of kidnapping law:on one hand,the sentence can easily be over high or over low;on the other,it's hard to pursue the criminal duty of minors of relative ability to criminal responsibility who kill hostages in kidnapping.The difficulties result from two terms of the existing criminal law.One of the two terms is the existing Penal Code provisions on kidnapping which puts "result in the death of hostages or kill hostages" as an aggravating circumstances into the existing Penal Code provisions and sets severe sentence.The other is the existing Penal Code Articleâ…©â…¦.Kidnapping with the murder should be convicted and punished in accordance with kidnapping.So minors above 14 years under 16 years who kill hostages in kidnapping should be convicted in accordance with kidnapping.But the second paragraph of Article XVII of the existing criminal law doesn't put kidnapping crime into the scope of the crimes which can purse criminal duty of minors above 14 yeas under 16 yeas.So there occurs a paradox situation that minors above 14 yeas under 16 yeas should take criminal responsibility of murder,but are not responsible for murdering in kidnapping.This article explores the legislative intent of kidnapping by studying the sentence of kidnapping.The Penal Code provisions on kidnapping should regulates such a behavior that blackmails tremendously or make illegal demands significantly; And to minors above 14 years under 16 years,kidnapping doesn't happen often.So this article stand for the point of maintaining the existing Penal Code provisions on the scope of the subject of kidnapping.As to how to purse criminal duty of minors above 14 years under 16 yeas who kill hostage in kidnapping,this paper advocates the use of competing theory on manslaughter and kidnapping(murder).