A Study On Perpetrating Act Of Kidnapping Crime

Does the perpetrating act of Kidnapping Crime is a single behavior or composite behavior is always the bone of contention on kidnapping Crime theory.These theoretical divergences result in different standards in judicatory practice and would be obvious unjust.further more,it's also violate the principle of legality.On February28,2009.The 11 th National People's Congress passed the Criminal Law Amendment(7).On August 29,2015.The 12 th session of the National People's Congress passed Criminal Law Amendment(9).These two criminal amendments both have revisions of articles of Kidnapping Crime.So it will lead to an new legal interpretation on the Legal interest and perpetrating act of Kidnapping Crime,also provide the background and significance for this thesis.There are three main research methods in this thesis.First of all,literature analysis method.We find out the theoretical divergences of Kidnapping Crime by literature analysis.Secondly,Data Analysis method.We used data analysis method to analysis 100 cases which selected from PKUlaw.cn,and try to inspect correctness of the Kidnapping Crime theories.At last,Case Analysis method.For the important contention we used this method to analysis.This thesis focus on one main point:the perpetrating act of Kidnapping Crime,following the logical structure: find the theoretical divergences,analysis,and put forward an reasonable solution.We mainly talk about four aspect: Legal Interest,perpetrating act of Kidnapping Crime,Criminal Pattern and the function of the subjective behavior and methods behavior.First at all,in aspect of legal interest,this thesis insist that the legal interest of Kidnapping Crime is the right of life,keep health and personal liberty,or the right of freedom of action in original life condition and physical safety for the kidnapee.Secondly,based on the determination of the legal interest of Kidnapping Crime,this thesis considered that the perpetrating act of Kidnapping Crime is a single behavior,the subjective behavior is not identify as part of perpetrating act of Kidnapping Crime.Thirdly,in the aspect of criminal pattern,this thesis deny accomplishment of Kidnapping Crime should have the behavior ofextortion.The behavior to release the hostages after the kidnapping should not be identify as the discontinuation of Kidnapping Crime.At the last of this thesis,the author have analysis the function of the subjective behavior and methods behavior.In this aspect,the author recognize the subjective behavior still play a important role to distinguish Kidnapping Crime with another crimes,and it could be evaluate reasonably in procedures of measurement of penalty.The author hope by the theoretical discussion and judicial practice analysis,this thesis would be helpful for development of Kidnapping Crime theories and the reasonable evaluation for subjective behavior.