Research On The Crime Of Kidnapping

The crime of kidnapping is a new charge added into the Criminal Law of the People's Republic of China(revised in 1997).Since the promulgation and cnforcement of the current criminal law,educational circles of criminal law have been carrying on spirited debates over several problems about the crime of kidnapping and have been undertaking beneficial guests for the l(?)gislative improvement of the crime of kidnapping.These thorough discussions will be helpful to the correct determination of the crime of kidnapping in the judicial practice and quests for the legislative improvement will benefit the progress of the criminal legislation.The mainly point of the thesis is about the determination of constitutive elements of the crime of kidnapping.Firstly discuss the determination of the criminal act of the crime of kidnapping.The necessity main factor of the crime of kidnapping.In the introduction,the benefit of the offense is the victim under original life appearance of the body safety and the freedom of movement,I think the behavior that kidnap others to have to disobey victim perhaps the will of the guardian of a minor, kidnap behavior and have to attain victim in the meantime actual drive the appearance of the deprival or the restriction human body freedom perhaps body the safety is violate of appearance, and kidnap offense and take"make the victim person to leave" as essential condition. At analysis kidnap the behavior stage and the behavior link of the offense after, enunciation oneself support the one behavior of basic standpoint.Secondly put forward my own views about the crimimal liability of a person who has reached the age for relative criminal responsibility on the basis of the understanding of the aggravating constitution of the crime of kidnapping. At lightness related law provision of comprehend and academic standpoint analysis foundation on, oneself think the opposite pertaining to crime responsibility age a person to kill to be kidnap a person should for this reason the idea murder charge pursue its pertaining to crime responsibility.Lastly discuss the determination of the criminal purpose of the crime of kidnapping. The define kidnap offense to make for the indirect purpose first, extort the wealth and properties type kidnap offense of crime purpose is to three people extort wealth and properties, the hostage type the crime purpose that kidnap offense is a request three artificial or don't is a certain behavior, two substance of all take"hostage" as to coerce a realization of help realize the illegal purpose.Then discuss the crime purpose of a few outside performance, want to be comprehensive analysis various objective performance to affirm the person's subjective purpose of crime.Kidnap offense with illegal imprison offense of the distinction lie in the crime purpose that kidnap offense to lie in extorting wealth and properties, rather than the method imprison the crime purpose of the offense to lie in obtaining obligation.