The Difference Between Kidnapping And Illegal Detention

Kidnapping as a crime of violence, and intentional injury, homicide, robbery,explosion and serious nature of the offences have been around forever, in the socialpractices of the people in the long term, gradual means, purpose of their criminalmanifestations, such as the formation of a universal awareness of the stability. Theillegal detention crime the criminal law continues to use until now charge from1979,The source frees from aggression in the constitution establishment citizenpersonal freedom, in criminal law theorists some people called it illegal deprives thepersonal freedom crime. According to China’s criminal law stipulates that offencesinvolving the unlawful detention (Article No.238) and kidnapping (Article No.239)is the crime of infringement of the right to liberty. Two legal interest against the crime,behavior, body, Sin exists in the form of competing space, if not carefully distinguishin practice easily lead light sentences for serious crimes, misdemeanor sentenced tolegal consequences.This article combines two typical cases, mainly from the four parts of the crimeof kidnapping and illegal detention limits for in-depth analysis and discussion on:The first part, case, cases and cases of dispute focus. Introduces the two andthus extract disputes focus on the merits of the case. How obtain debt blackmailpurposes should be understood and whether the object of the crime of falseimprisonment and kidnapping, objectively there was no difference.The second part, the legal analysis. This is the main section of this article,discussed mainly from the following three aspects: First, the author separatelycarries on the analysis from our country punishment fact however method angle totwo crime definitions and the crime constitution important document, and proposesown viewpoint to the theorists difference major problem. Thought the reality thefreedom said conforms to the illegal detention crime to the free understanding,observes a person’s face the unification angle from the hosts and visitors, the kidnapping crime should be the complex object duplicate behavior violates, theviolation law profit is by kidnapper’s personal rights and third party’sself-determination right. Secondly, based on the above analysis of the two crimesconstitute, two crimes set out differences and connections of the system. Finally, forthe judicial practice, in respect of objective similarity, subjective-is difficult to graspthe debt on crimes of false imprisonment and kidnapping for extortion purposes toexplore the difference between. Focus on reading in2000, the Supreme People’sCourt about the solicits legal debt to deny protection of interpretation othersconvicted of false imprisonment, Offered to obtain legal debt to deny protection andillegal detention of others could be incorporated into the crime of kidnapping in the"minor" articles, the difference from the perspective of criminal law to protect legalinterests, dominated by two the criminal nature of the crime, and taking into accountthe nature of the Act of obtaining debt, in accordance with the principle of unity ofsubjective and objective integrated grasp.The third part, and extends the ponder to the case evaluation. Author draws outthe original case prosecuting and defending sides viewpoint and reason, and evaluatestwo cases. Finally resulting associated thinking set out to lure could be acts ofkidnapping, it is recommended that rationalize the logical order of kidnapping crimeand punishment to a fine, reasonable adjustment of legal penalty, so as to facilitateadaptation practice of crime and extortion against the taking of hostages kidnapped inneed.