A Study On The Establishment Of Special Abandonment Of Kidnapping

Kidnapping is an international terrorist crimes, many countries take the acts asprescribed in this serious violation of personal rights and property rights as criminalacts, so is China’s criminal law provisions of section239th. The kidnapping crimelegislation has even after several revisions, but there are still many imperfect places,this is decided by the complexity of the crime of kidnapping means itself has, whichoften leads to the judicial practice departments in some special case of kidnapping isdifficult to accurately determine the crime. Such as “Yunnan kind the case”, theactor’s subjective malignant is not deep, harm caused to society is not, just because ofa silly mistake to listen to others to commit the crime. How this kind of cases ofkidnapping accuracy of conviction and sentencing, there are still theoreticaldifferences, coupled with our legislators configuration of the minimum statutorypenalty and high absolute death penalty for the crime of kidnapping, leading to thejudicial practice departments in some special cases of kidnapping in the pursuit ofjustice and fairness judgments, often not applicable to avoid this crime. The mainreason is because of the crime of kidnapping means diversity and complexity, and ourcriminal law in the sentencing range is not flexible enough, not on the subjectivemalignant small, not harmful to society of criminals given the relatively loosepunishment. The author analyses the kidnapping crime stop shape, kidnapping crimeand release the hostage behavior can be considered the discontinuance of crime, inaccordance with the provisions of discontinued crime in China’s criminal law thathuman behavior as long as the actual control of the hostages, behavior person has thecrime accomplished, won’t have the crime discontinuation. But the author thinks, thecrime of kidnapping crime and release the hostage behavior is consistent with thediscontinuation of crime theory, can be in accordance with the crime of kidnappingsuspended to allow the, due to our country’s criminal law makes no provision for thisbehavior is clear to reduce or exempt from punishment. But the foreign law andChina’s Taiwan region has already recognized this problem. So I think we need tolearn from foreign countries and Taiwan region of China’s legislation, the crime of kidnapping crime act as the suspension of release the hostage special processing, clearin the kidnapping crime legislation. Or is this accomplished and then release thehostage behavior explanation for the amendment to the criminal law seven in the“lesser” provisions. In addition to this introduction, is divided into three chapters werediscussed.The first part of the discontinuation of the crime of kidnapping. This part of thestandard of accomplishment to the case analysis confirmed the kidnapping crime. Thekidnapping crime is “the one behavior that once the actual control” kidnappinghostage, already established accomplished, as no extortion behavior in question. Theauthor thinks that the “single act” that is most consistent with the constitutiveelements of the crime of kidnapping.The second part of the crime of kidnapping is implemented after thediscontinuation of crime. The kidnapping crime and accomplished after release thehostage, in accordance with the provisions of the criminal law in the mitigation ofpunishment in our country, whether this subjective nausea, kidnapping people socialsmall from the sentencing and the violent kidnapping to distinguish, the kidnappingcrime and release the hostage, adding special suspension make. The author thinks, theestablishment of special discontinuation of crime of kidnapping significance not onlyprevent people further criminal behavior, is to protect the safety of the hostages.The third part is additionally provided with special necessity and suggestions onimproving legislation of discontinuation of crime. Our legislation does not make thebehavior of crime accomplishment and later kidnapped hostage release behavior asthe punishment of crime suspension. After the accomplishment can no longerdiscontinuation. I want to draw lessons from domestic and international legislationafter the stop behavior added special discontinuation of a crime and the necessity ofadding special discontinuation of crime analysis, to solve the judicial practice ofkidnapping crime “to punish a crime” problem.