Study On The Problems Of Kidnapping

The crime of kidnapping is a common crime. China’s current Criminal Code Article239provides for the crime of kidnapping. The crime of kidnapping has been listed as an officialfrom the provisions of the law have been discussed since, but until now some of the problemsof a lack of consensus. This paper, from the Zhao etc. kidnapping of a case, the case analysisof the report forms, to kidnapping and successive complicity problems in research.This case is divided into six parts, a total of about15,000words.Part1: courts. That is Zhao etc. kidnapped crime.Part2: the case. This part of main introduces Zhao for such as "cheat bet" and the victimin the kidnapping in remote farmer’s crime process.Part3: The focus on:1, crime of robbery and crime of extortion how to distinguish?2,the crime of kidnapping and crime of false how to distinguish?3, in addition to Zhao, Qianoutside of the defendant is a kidnapping?Part4: the controversy and disagreement. This part of main introduces the case thedefended the collegial panel control and controversy and differences, and their respectivereasons.Part5: Legal analysis. Part of this is the focus of this paper. First, suspect on the casewhether the conduct constitutes the crime of extortion or robbery, analysis and demonstration,and extortion and robbery, under normal circum stances difference, in with the "violence"under the circumstances, robbery and extortion in detail how to distinguish between them, andthe extortion of "threat" to the way they include violent behavior,"the degree of inhibitionagainst the victim," the how to understand and grasp and conducted feasibility studies,elaboration. Second, the crime of kidnapping and the crime of false imprisonment,summarized the characteristics of between two sin in general distinction and easily confusedin how to qualitative. Finally, in this case the accomplice of involving the guide-subject thetheory of successive accomplice support among said.Part6: conclusion.1, crime of robbery and crime of extortion lies mainly in thedifference between: objective aspect different.2, the crime of kidnapping and crime of falselies mainly in the difference between: the actor and the victim to consider whether there is anyrelationship of creditor’s rights debt; and subjective aspect is to get actor debt for the purpose.3, In addition to Zhao, Qian outside of the defendant constitute a kidnapping.