On The Crime Of Kidnapping

This article contains five parts.I The detennining the accusation of the crime of kidnapping by force.In this part, I agree with opinions which consider the charge of the article 239 in criminal law of P. R. C is kidnapping by force. At the same time, I stress that its expression should reflect the characteristics of the 揾ostage?IIThe constitution of the crime.According to the principle that subjective knowledge must reflect objective fact, in this part, I believe that: the first, the crime violates complex objects; the second, its target has dual nature; the third, its illegal act is ccinplex action; the fourth, its subject of crime has a little legislative shortcoming. At last, I also point out the characteristics of its 搊ffense to intent.III How to determine the crime.In this part, I discuss how to determine the completion of the crime, the criminal attempt and the discontinuation of the crime. The difference fonn its associating crimes is also discussed.N One crime of several crimes.In this part, by using the theory of consequential offense and implicated offender I think the provision 搃f he causes1death to the kidnapped person or kills the kidanapped person 摀 should result in only one crime.VThe shortccrning in its legally - prescribal punishment.In this part, I point out that there exist certain limitations in the death penalty of the crime of kidnapping by force in its practical using. The other factors which influence its adjudging and measuring penalty are also pointed out.