A Number Of Problems. Of Kidnapping Study

The crime of kidnapping is a kind of comical act of conducting a kidnapping to others or kidnap others as hostages in the purpose of extorting money and goods from them by means of violence, coerce and other mean methods. It exerts a tremendous impairment on society and must be given a several blow. However, there exact certain defects in the legislation of the kidnapping crime, Mulcting in many disputes on the affirmation of instituting the crime, forms of the crime, endorsement of numbers of the crime in the theoretical careless and the Jodi coal practice. This paper consists of four parts to probe into the crime in order to get a correct mastery of it.1. The characteristics of constituting a kidnapping crime. The author maintains the theories of criminal law combining subjectivity with objectivity to constitutive the crime. The authors perspectives are as follows: First, the object of the crime is complex and the main one that is violated is the right of the person. Second, the objective performing act is a compels one. The kidnapping is mainly performed through violence, coerce, anesthesia, stealing the infants as wells deceiving and inducing rethought forcing the kidnapped person to leave where they are kidnapped in the process of kidnapping. Third, the subject of the crime is quite common including any natural persons up to the age of sixteen with the capacity of criminal responsibility. But there is another opinion that those who can't be the subjects of the kidnapping crime up to the age of fourteen, but under 16,except that those who conduct the act of the kidnapping and kill the kidnapped persons ought to be punished according to the crime of celibates murderer Fourth, the subjective aspect is demonstrated to be directly deliberate in the purpose of extorting money and goods or seeking other illegal advantages.2. Problems on patterns of the kidnapping crime. First of all, the author has an analysis on the affirmation of the accomplished, unaccomplished, suspended crimes of kidnapping. The unique standard of affirming the accomplished kidnapping crime is to see whether it has the complete components constituting the crime in both subjective and objective aspects; the demonstration of it is that the kidnapper performs the act of kidnapping and demand the kidnapped persons illegally which can make the crime tenable. Meanwhile, it can't affect the tenability of the crime whether those except thekidnapped persons satisfy the illegal demands or not. In addition any stage effort offering the illegal demands can constitute the suspended crime. Next, employing the theories of implicated criminal, this paper holds a discussion on one crime and many crimes of the kidnapping crime and lay emphasis on analyzing numbers of the crime in the processing of kidnapping or murdering others, distinguish the affirmation of one crime from that of many crimes in accordance with different situations; those who kidnap others in order to extort the properties beyond the volume of debt and extort money and goods to those associated with the critime, are published according to the kidnapping crime and other situations which can not be regarded as one crime to handless the judicial practice in the authors opinion. Finally, the author studies the problems on joint offenders.3. The dividing line between kidnapping crime and the related crimes. Author analyzes that the distinctions between the kidnapping crime and illegal incarceration, robbery, extorting crime.4. Several problems on criminal responsibilities of the kidnapping crime. First of all, the author discuss how to interpret the rule 239 of the criminal law those who cause the kidnapped persons to death or kill the them is to be sentenced to death. The two interpretations are offered as follows: First, the kidnapper should be responsible for the consequence if the death is due to the kidnapper, which becomes the component of giving the more severe punishment. If not so, the kidnapper is free to bear the consequence of the death of the kidnapped person; second, murde...