Research On The Crime Of Kidnapping

This article contains five parts.The first part has analyzed the charge and concept of the kidnapping crime. In view of the criminal law 239th stipulation charge, there is the dispute of "a charge said", "two charges said" as well as "three charges said", and I think "the kidnapping crime" is suitable to take a charge. In view of the kidnapping crime concept, by analyzing the definition of the present academe related kidnapping crime, I think the kidnapping crime refers the behavior to use the violence, forces, the anesthesia or the anesthesia means kidnaps other people to take them hostage, with the purpose of taking extorts the belongings or to gains other illegal benefits.The second part has mainly elaborated the constitution of the kidnapping crime, which is divided into four aspects, namely criminal object, crime objective aspect, subject of crime and crime subjective aspect.In the criminal object aspect, I think it has encroached upon the complex object, namely other people's personal rights and third human of self-determination right, and other people's personal rights is main object. In the crime objective aspect, Ithink it displays in the objective aspect for the compound behavior, namely it be composed of the two parts of the extorting and the kidnapping behavior (or proposed other illegally request). This crime constitutes does not take the hostage away the former place as an important document. About the kidnapping crime behavior way, besides the violence, forces, the anesthesia, but also should include other illegal methods, but in the strict significance deception measure should remove in outside. In the subject of crime aspect, I suggest to reduce the main body age of the kidnapping crime, the reach 14 full years old have not reached 16 year-old people to bring into line with the kidnapping crime the main body category. In the crime subjective aspect, I think its subjective goal is restricted in illegally, but should not be only restricted in extorts the belongings, and the illegal goal does not need to pass through the kidnapping behavior.The third part has mainly analyzed the kidnapping crime accomplished offense standard and this crime attempted, stops recognizing specifically that has discussed the crime number and the common crime question.