Study On The Problems Of Kidnapping

The crime of kidnapping is a common crime, a great social harm. Kidnapping was the abduction of crime not only to personal rights and other rights caused serious abuses, but also seriously undermined the system of social security and the legal system and threaten people's sense of security in the community to form an atmosphere of terror can hardly be removed within a short time, so Crime has always been the world's kidnappings crack down on criminal acts. China's current Criminal Code Article 239 provides for the crime of kidnapping. The crime of kidnapping has been listed as an official from the provisions of the law have been discussed since, but until now some of the problems of a lack of consensus, in the charges, Legal Sentence, crime, etc. constitute the major differences still exist. Theory, coupled with the differences around the uneven quality of the judicial workers, resulting in the practice of the same type of crime of kidnapping conviction and sentencing come up with different results. China is currently in a period of social transition, all kinds of social contradictions highlighted in the next period of time, the crime of kidnapping will show the trend of sustainable development. The non-uniform application of the law will cause judicial authority undermined the trust of the masses of the law will be reduced, which for ease social conflicts, and further building of a harmonious society is very negative. Therefore, to strengthen the crime of kidnapping the study has important theoretical and practical value. In addition to the introduction text is divided into five parts outside.The first part of the crime of kidnapping charges identified. China's criminal law did not take the form of a statutory charge, so the theoretical circles for "Criminal Law" Section 239 contains a number of drugs have different understanding of a main charge, said that two charges and three charges, said. Through comparative analysis, the crime of kidnapping an offense that can cover three kinds of kidnapping, in relative terms to the scientific and rational.The second part of the crime constitutes the crime of kidnapping. Crime constitutes the crime of kidnapping is the right identify and distinguish other charges of kidnapping basis. This section constitutes the crime of kidnapping and amendments to the basic offense of criminal composition was analyzed. The relevant point of view on the basis of comparison, considering that the object of the crime of kidnapping is a complicated object, namely the crime of kidnapping must first violation of personal rights of others, but also violated the rights of others, but this right is uncertain; the crime of kidnapping in an objective aspects of the performance of a single act, behavior means, including violence, intimidation, anesthesia and other means; kidnapping of the Crime of the main criminal responsibility for the full 16 years of age with a capacity of natural persons, reached the 14 years of age under 16 years of age restrictions on the ability of criminal responsibility in criminal the process of intentionally killing the hostages should be convicted and punished the crime of intentional homicide; kidnapping and subjective aspects of the performance of direct intentional purpose is to extort property or access to other illegal interests, except to mention the legitimate demands of the perpetrator of the crime of kidnapping does not constitute; result was kidnapped people were killed, the perpetrator's behavior and the death of hostages must have a causal relationship between the killing of kidnapped people refer to the death of the result rather than the plot; for the identification of a minor nature from the things to look at.The third part of the crime of kidnapping in the number of identified crimes. This section right in practice that often appear in killing of kidnapped persons, robbery hostages were property and rape, abductions of buying abducted women and children, the number of identified crime problems were analyzed, for how to determine the number of crimes were demonstrated.The fourth part of the crime of kidnapping and related offenses distinction. For this section, the judicial practice that can easily be confused with the crime of kidnapping for extortion, robbery, how to distinguish the crime of illegal detention were discussed, and the different situations which may occur are analyzed.Part V, the improvement of the crime of kidnapping, this part of the criminal law the crime of kidnapping of our shortcomings, from the main body, and criminal circumstances Legal Sentence of three aspects of sound are discussed.