On The Crime Of Kidnapping

The essay states the theoretical and practical matters of kidnapping by force from three aspects: the basic theory of kidnapping by force (the set and the concept of the accusation, constitution of a crime and aggravating constitution of a crime), judicial determination (criminal pattern of intentional crime, complicity and the quantity of crime) and the perfection of legislation, it raises that No. 239 of criminal law should set the accusation by "kidnapping by force", the basic character of kidnapping by force is that the doer hijacks and controls the kidnapped person and threatens the third person in order to achieve the demand of getting illegal benefit. So kidnapping by force is the complex action, its criminal object is the personal liberty of others and right to self-determination of the third person, its completion should set the standard of "doctrine of compound action"; the one who only took part in blackmail during the complicity should be punished for the complicity of adoption, subsequent actor bears the criminal responsibilities of exploiting the action of former actor and its consequence; the executer bears the criminal responsibilities when excessive perpetrator is exercised to the accomplice. The essay also probes into the quantity of crime associated with kidnapping by force theoretically during the practical matters, points out the shortage of legislation of kidnapping by force in operation in the end, and states the thought of the perfection of legislation from the aspect of obligation.