The Act That Father Abducted Son To His Wife A Ransom Payment In Study

In view of the present educational world and the theorists to this crime's some disputes, the author through some difficult case, unify the existing partial scholar's research results, the critique absorb the other scholar's different viewpoint, unifies the angle from the theory and the practice, attempts to solve certain disputes.This article besides the introduction, including a case , content of the case ,the case difference, the focal point, the legal principle theory of law analysis, the conclusion and so on .The first part, the cause of action, Hong Ming Deng kidnapped his sonThe second part, the content of case.The third part, differences of the case. his families consider that his behavior constituted extortion in some degree; to Ruan Qilin, represented by scholars, accounted that he should be identified as the crime of kidnapping; another scholar that even constitute the crime of kidnapping, however, its should be identified as attempted kidnapping; public appeal to re-Correctional destruction of family ethics and safety of crime, the families intend to forgive his behavior however.The fourth part, focus, focus on the crime of kidnapping or extortion, kidnapping, attempted or accomplished, the relationship between the sexual crimes of violence against the person whether the decision of the heavy penalties .The fifth part, the legal analysis, focuses of this article. In this section, the author to be expands in three areas.First of all, demonstrate whether the conduct of Mr. Hong constitutes the crime of kidnapping. From the kidnapping of the four constituent elements, identify Mr. Hong's actions are consistent with the offense constitutes a crime, the kidnapping but extortion.Second, state the definition of the completion of the crime of kidnapping, Accomplished by comparing the standard of "the results of complete","complete the kidnapping, " and " the completed activity", This paper argues that " activity is completed, " an effective solution to the crime, the suspension and abortion of the crime problem, in line with the unity of subjective and objective principles of criminal law, Therefore, in this case, Mr. Hong accomplished the crime of kidnapping.Third, in whether the soaked relatives between violent crime problems, the author thinks that the specific case should be concrete analysis, this case disapprove of punished severely. Secondly, based on the austerity of criminal law and the criminal policy of tempering justice with mercy categories-both procurator ate the decision not to initiate a prosecution, and contrast two kinds of immune from prosecution conditions, the author thinks that the case prosecutors discretion not to prosecute instead of dubious not to prosecute more appropriate.The sixth part, conclusion.