Research On Several Questions About Kidnapping

The kidnapping is refers to use the close relatives or other people's security and anxiety by the human who was kidnapped,use violence, coercion and other methods control the people,take extorts the belongings or other illegal requests as the goal.In 1997 the criminal law revision to make new stipulation of the kidnapping,and forms NO.239 of the criminal law stipulation.But after new "Criminal law" promulgates,it have been discussed widespread and intense in the criminal law theorists and in the judicial practice,always have differences about this crime,and these differences have still not eliminated until today.So,the author take these questions to research,and write this paper.The article is divided into four parts.The first part to introduce the kidnapping of the legislative evolution,looking over various countries about kidnapping of rules and regulations,carried on comparison and evaluation the kidnapping legislation condition of various countries;The second part to analyse the kidnapping of the constitution of a crime, advocated that the kidnapping in the objective behavior aspects,the performance is the complex act,and the kidnapping methods are not only restricted in the violence,force and anaesthetize kinds,but also include other methods.In the subjective constitution aspect,the subject of crime the psychological manner which holds to its implementation's kidnapping behavior and the harm result immediately,the manner is that the doer hijacks and controls the kidnapped person and threatens the third person in order to achieve the demand of getting illegal benefit;The third part recognize for the kidnapping crime's judicature.In this part,have several theories accomplished standard of kidnapping,this article supports the kidnapping accomplished offense theory,the viewpoint advocated,in kidnapping forced ransom crime,so long as the author take extorts the belongings as a goal,implement has control other people's behavior crime namely to reach the accomplished offense.In kidnapping complicity questions,implements to the Complicity shape in limited the behavior to kidnap the crime to punish severely,recognized to the following participation person's responsibility,because the kidnapping crime's criminal complicity may also exist intentionally in kidnapping process some stage,should recognize to the following participation person's behavior as the kidnapping;The fourth part to detailed narration the flaw of the kidnapping legislative,and propose some perfection of legislation.