On The Accomplished Standard Of Kidnapping Crime

As the most important aspect of judicial practice,the reasonable judgment standard is not only the performance of judicial justice in a country,but also the basic requirement of the criminal law.With the rapid development of China's economy,the number of violent crimes in China Rising crime,which kidnapping the crime rate of crime in the violent crime is relatively high,so the crime of kidnapping the criteria for the decision is extremely important.China's Criminal Law Article 239 of the provisions of the Criminal Code:(1)to abduction of others for the purpose of extortion of property,or kidnapping others as hostages,at more than 10 years imprisonment or life imprisonment,and fines or confiscation of property;the circumstances are less,more than five years and ten years imprisonment And fined.(2)to commit a crime before the crime,to kill a person who has been abducted,or intentionally injuring a kidnapper,causing serious injury,death,life imprisonment or death,and confiscation of property.(3)to extort the property for the purpose of stealing infants and young children,in accordance with the provisions of the previous two penalties.Although the provisions of the criminal law on the crime of kidnapping more detailed provisions,but the crime of kidnapping is always the focus of academic debate.On the abduction of the crime of the standard has a single behavior of a single object that a single behavior complex object said that the composite behavior of a single object that complex behavior complex object said,mixed said.The structure of this paper is as follows: The first part explores the legislative evolution of the crime of kidnapping and the problems that have brought the crime of kidnapping every time.The details of the crime of kidnapping from 1979 to 2015 are described in detail from rough to meticulous Stipulated that in 1979 there was no crime of kidnapping,the crime of kidnapping from the 1991 NPC Standing Committee "on the punishment of trafficking,kidnapping of women,children'scriminals decision" Article 2,paragraph 3.And the earliest appearance in 1997,the revision and supplementation of criminal law.And the first part of the crime of kidnapping caused by the legislative changes described in the problem,specifically the crime of kidnapping to protect the legal interests of the crime of kidnapping the behavior of the problem,as well as the crime of kidnapping the problem.The second part is in accordance with the logical structure of the order of the kidnapping of the protection of the legal interests of the controversy,kidnapping the crime of protection of the law that is the object of kidnapping,academics on the kidnapping of the protection of the law has three views,the first view is that kidnapping The violation of sin is a complex object,specifically including others' personal right to freedom,property rights,life and health rights.The second view is that the crime of kidnapping is the right of personal freedom.The third point of view that kidnapping is a violation of personal rights.I believe that the crime of kidnapping is a single object of personal freedom.The third part of the crime of kidnapping in the protection of the legal analysis,followed by the logic of the crime occurred in the implementation of the practice of kidnapping,criminal law on the practice of kidnapping the behavior of two points,one is a single act,another Kind of compound behavior that a single act that is the practice of kidnapping is kidnapping behavior or theft of infants and young children behavior.Compound behavior refers to the practice of kidnapping the behavior of multiple acts include extortion of property or make a request for illegal acts,the author after the analysis that a single behavior that point of view is more reasonable.The fourth part: in the second part of the protection of the crime of kidnapping,the third part of the implementation of the crime of kidnapping analysis,the conclusion of the crime of the original kidnapping of the standard point of view,for the crime of kidnapping,the standard of science has five views Ie a single act of a single object that a single behavior complex object says that the composite behavior of a single object says that the complexity for the complex object says that the mixture says.I believe that a single act of a single object that is more reasonable.The fifth part: Through the analysis and comparison of 100 cases,it is concluded that the criterion of kidnapping is a single object,which proves the rationality of thesingle object of a single act.Finally,through the kidnapping of the crime of protection of the law-the practice of kidnapping-the accomplishment of the crime of kidnapping,the logical structure of the summary of the conclusion of the crime of kidnapping.