"A Crime+B Crime=A Crime" The Nature Of The Crime Types In Crime Law And Its Application

There are many situations similar to this in criminal law. For example, in the criminal law, who killed the kidnapped persons will be sentenced to death, but the intentional killing and kidnapping are completely independent crimes. In such cases, the behavior of killing kidnapped people is confused as the aggravating circumstances of kidnapping sentenced to death. This same legislation also exists in the crime of rape. Scholars have many different views about this criminal cases. This article discusses problems based on this same legislations, such as "kill the kidnapped person". First, analysis of the nature of such cases, then discusses the problems about the charges and penalties. Finally, by discussing its stop forms of crimes in order to solves the problems of conviction and sentence.This paper has three chapters, each chapter discusses one legal problem about "kill the kidnapped person". Analyze of the status of this criminal cases in the major theoretical problems. Details are as follows:The first chapter is mainly discusses the nature of this criminal cases. Analyze of "kill the kidnapped person" in order to define its essence. After detailed analysis indicates that it is not one of the existed types, it is different of other types. It is essentially two different criminal behavior, but it is defined as a crime. This approach not only lead theory to chaos, but also makes the criminal standards in practice to be blurred.The second chapter is to discuss the application of the type under the accomplice theory. Focuses on all types of criminal cases in the criminal law identified in the Real state, and acts constitute a crime under the theory of the state.The third chapter is to discuss the suspension and the attempted problems of the B crime. There are five different views in dealing with the attempted problem, Their views on issues are very different. The second part of this chapter is to explore the issue of the suspension of the type.Kidnapping and homicide are severely punished as one crime. Though different crimes determine the penalty is not very significant issue in the criminal law, but because related to sentencing, it is closely related with the penalty of punishment. Therefore, It is necessary to identify the circumstances of this offense. Different crimes should be implemented in different graft, However, the provisions of legislation bring great distress to the theory. This paper insist that theory should not be literally, but should discern whether the legislative science, In order to better implement the line of legality and to adapt the principles of crime and punishment.