A Study Of The Issues Relating To Kidnapping

Since the legislation of kidnapping law emerged,the discussion about kidnapping has never stopped in theory and practice.Our criminal law has clear provisions of the kidnapping, but owing to the generality and vagueness of law items and complication of social life, validity of the term need to be further clarified in the theory and practice. On the other hand, since individual qualities are heterogeneous and law enforcement and understanding are differentiated on all levels throughout the judicial work itself ers, there exist different results of the qualitative and sentences in different geographical areas or judicial hierarchy levels, or the judiciary in actual operations. In view of this, from the angle of the judicial practice, resting on criminal law provisions, viewing judicial interpretation as reference, the author will do further study on the kidnapping together with the judicial practice.This article includes five sections, including the charge of kidnapping, the kidnapping crime action, the kidnapped's death and injury cause by kidnapping, joint crime of kidnapping and the limit between the kidnapping crime and similar crimes.Part One is about the charge of kidnapping. The author mainly analyses different provisions for the crime of kidnapping in major countries of the world, the emergence and evolution of the crime of kidnapping in the Criminal Law of our country, and the existing divergence on the name of kidnapping in criminal law.Part Two is the kidnapping crime action, which discusses the different focuses of controversy in judicial practice from theory research to case study.Part Three is the kidnapped's death and injury cause by kidnapping, which analyzes three cases-resulting in the kidnapped's death, murdering the kidnapped, and causing the kidnapped's serious injury.Part Four mainly discusses joint crime of kidnapping, from the perspectives of the stage of the joint crime of kidnapping and the identification of crimes of kidnapping.Part Five is the limit between the kidnapping crime and similar crimes, which analyses the limit between crime of kidnapping and similar crimes such as illegal detention, robbery, etc.