On The Crime Of Kidnapping

Kidnap crime is a kind of danger serious violence crime extremely, commonly called as kidnapping, it is a kind of common crime of western society in modern times, which is very rampant in old China, too. After new China is established, this kind of crime disappears basically during China's Mainland for quite a long time, so the legislature didn't stipulate this crime while appointing criminal law in 1979. With the constant and thorough development of reform and open, for the domestic and international influence of different factors, kidnap crime revive, its scale and danger reach the unprecedented degree, endanger the citizen's personal right and property safety seriously, and constitute serious threat to civil order, we really need to declare guilty and sentence it to attack the crime strictly. In view of this, the Standing Committee of the National People's Congress passed " Decision on punishing severely criminal of abducting and kidnapping woman and children " on September 4, 1991, in which the second article 2, 3 fund did additional regulation to " criminal law " of 1979, which if to set up crime of kidnap woman, children crime and crime of kidnapping and extort. Criminal law absorbed above-mentioned regulations while revised in 1997, made new supplementary and revision again at the same time, and form our country's current criminal law regulation of article 239 c However, after the new Criminal Law was put into force, A lot of differences occur among many problems concerning the Crime both in the field of theory and the judicial practice. The thesis will give a systematic analysis and probing into the definitions of charge, crime constitution, legal punishment, crime number and some theoretical and practical problems on the compare between and its neighboring Crime and also their perfection.