Study On Several Problems Of The Crime Of Kidnapping

The crime of kidnapping is an extremely serious criminal offense, and has a extremely bad affect on society as well as citizen’s personal and property safety. The1979Criminal Code does not set the crime of kidnapping. With the increase of the kidnapping, China’s legislation, the judiciary began in1989, has focused on the development trend of this criminal behavior, and constantly promulgated separate regulations and judicial interpretation, and finally the kidnapping formally incorporated into the revised Criminal Code in1997and set up a relatively heavy punishment.It is difficult to direct quite a number of actual cases into the standard behavior of the kidnapping, because kidnapping the judicial practice of behavior pattern of kidnapping is numerous and diverse.Due to the existence of the situation, the confusion of kidnapping between this crime and those crimes easily happens. And it affects the judicial personnel for kidnapping in the judicial practice of accurate qualitative. To overcome these problems in the judicial practice of kidnapping, we must make sure that kidnapping itself has a clear definition. Therefore, the article try to make a more in-depth theoretical study on some problems in criminal law theory of kidnapping. Specifically, this article will mainly discuss from the legislation situation of kidnapping, kidnapping crime constitution, and the kidnapping of the kidnapping of justice legislation, etc.The main part of this article is composed of four chapters. The first chapter is the summary of "kidnapping". It mainly discusses the definition problem of kidnapping and legislation evolution in our country. The second chapter is "the kidnapping crime constitution", and the research questions about the constitutive requirements of the elements mainly from the aspects of subject, subjective, subject and objective. The third chapter is " the kidnapping of justice", focusing on what is considered in the judicial practice of this crime accomplishment and how to distinguish between a kidnapping crime and several crimes; The fourth chapter is "kidnapping crime legislation perfect," focuses on the increase from expanding main body of this crime, appropriates legal punishment on point and chooses fine penalty and so on. How to think about the relevant legislation and put forward the Suggestions in this paper.