Morphological Research Of Kidnapping Crime

Kidnapping crime is one of the serious harm criminal offence by all levels of society generally accepted. It severely affects the social stability and harmony,endangers people’s life and health safety. It brings terrorist atmosphere to the society, which is difficult to eliminate. In judicial legislation, to prevent and strike this kind of crime,kidnapping crime’s punishment provisions are very strict in our country, which has a certain deterrence and guidance. At the same time, this also cause the theory researchers and judicial practitioners high attention. The judicial theory circle and the practice circle, always exist the heated debate for understanding and using of kidnapping crime, and has launched the fruitful research from every angle,all levels. The author as a practical worker expands pertinence discussion in this paper, combining with the relevant judicial practice, according to some problems in the form of kidnapping crime.I mainly discuss the kidnapping crime’s accomplished standard, accomplice form and sin number form of "killing the kidnapped person" in this paper. I analyze the existing relevant ideas and theories, combining the practice. This thesis mainly divided into the following three parts:(1) The judging standards of kidnapping crime’s accomplished form. The author thinks that the accomplished standard of kidnapping crime should be based on the actual kidnapped person who are controlled,and placed him under controll. This thesis analyzes and discusses kidnapping crime’s accomplished standard from three aspects,including kidnapping crime law benefit, legal rules, theory about absichtsdelikte of criminal law theory.(2) Kidnapping crime’s accomplice form. I mainly analyzes and discusses the stage of development and two kind of special circumstances(One is that someone breaks away from a common criminal in midway;the other is that someone joins the crime in midway), for accomplice of kidnapping crime. I think that accomplice stage should begin from preparing until the end of the whole kidnapping behavior process. For two kinds of special circumstances, as long as they has the facts of making mens rea communication,cooperating with each other in behavior and helping each other. They should be punished as kidnapping crime accomplice.This thesis spread the corresponding discusses on the former circumstance,whether it suspends constitutes a crime.(3)"Killing the kidnapped person" sin number form.Article239of criminal law about kidnapping sentencing stipulates the two levels:One is the elementary offense; the second is result aggravated offense.For the kidnapping of the elementary offense criminal responsibility, the Criminal law theorists has few dispute. the result aggravated offense’s sentencing is absolute the death penalty.which leads to understanding, qualitative diagnosis of "killing the kidnapped person", becoming the focus of the dispute in criminal law educational world. Different courts’operation standard is different in practice.the author discusses in depth from the "killing the kidnapped person","evaluation stage","killing"meaning, nature decision several aspects to this in this thesis. I think that"killing the kidnapped person" should be understood "being killed", but for attempted, which shoud deal with according to elementary offense. Some intentionally kill the kidnapped person before the implementation of kidnapped behavior, but lie, saying the victim is controlled for putting forward extortionist or other illegal requirements.which be punished with racketeering sin and intentional homicide mostly in the judicial practice. Theorists also hold a positive attitude withal. some kill the kidnapped person in releasing the kidnapped person’s process,from the beginning of kidnapping behavior’s implementation to the end.which should be punished with kidnapping crime accumulative penalty(absolute death penalty). Some kill the kidnapped person for a variety of reasons after releasing the kidnapped person.which shoud be punished with intentional homicide.Because of my time, energy, and level are limited. Some points’discourses are not comprehensive enough and lack of depth, Some views remain to be counseled.I hope supervisor grants instructions and makes corrections.