The Study On Difficult Problems Of The Crime Of Kidnapping

The crime of kidnapping is a kind of serious crime in criminallaw. Because the provision on the crime of kidnapping is very simple,there are many problems in theory and judicial practice. This articlefocuses on the controversial theory and practice problems of thecrime of kidnapping.The article can be divided into five parts:In the first part, I discuss the concept of the crime ofkidnapping, and list some provisions of the other countries.In the second part, I am mainly concerned with the constitutionof kidnapping crime. This article does not agree with that the objectof the crime of kidnapping is complex. This article insists that theobject is single, and the object of the crime of kidnapping ispersonal rights. Furthermore, the crime of kidnapping is a multi-actcrime. In the third part, I am mainly concerned with the situation ofthe accomplishment of the crime of kidnapping. The situation of theaccomplishment of the crime of kidnapping is established on that thecrime of kidnapping is a multi-act crime. This article divides thecrime of kidnapping into two different types.In the fourth part, I discuss the aggravated form of the crimeof kidnapping. I discuss the result-aggravated type of the crime ofkidnapping. Include how to judge the act that a person causes thekidnapped person death by negligence. And we are also concerned thathow to judge the act that a person causes the kidnapped person deathby intent.In the fifth part, I discuss the issue of the distinction betweenthe crime of kidnapping and related crimes. This article discussesthe distinction between the crime of kidnapping and robbery. One ofthe differences between the crime of kidnapping and robbery is thatthe crime of kidnapping has three-sides of the relationship. And, the act of crime is on the spot is not a standard to distinguish thecrime of kidnapping and robbery. To distinguish the crime ofkidnapping and unlawful detention, we also discussed the meaning ofthe sin debt and the third person.