A Study On The Judicial Determination Of The Crime Of Kidnapping

The increase of the "slight cases" term in the crime of kidnapping in<Amendment to Criminal Law(Seven)>,but without clear stipulations,the determinations are mainly subjected to the presiding judge’s subjective awareness in the actual cases,lacking of measurement standard,leading to same case different determinations.Through the analysis of robbing the actor and kidnapping,this article focus on three aspects.First,according to the methods of actors from implementing action,acts degree and results,he shut the victim in the trunk with the method of threaten in a relatively remote place,and left.Although the actor didn’t control the victim in form,but as the actual situation,he actually controlled the victim,so it need to be judged as kidnapping.As to whether it constitutes the crime of kidnapping,should be analyzed by the actual situation.Second,the increase of "slight cases",and lacking of measurement standard,leads to lots of problems in definition of "slight cases".After checking related data,author concludes that except traditionally measurement standard in action methods,degree and results,it is also an important measurement method to consider comprehensively the case itself,thus,it highly requests the legal thinking and method of the judge.In the end,about whether it constitutes redefinition after the actor’s behavior of robbing,the author also states his own viewpoints.Hoping the above three aspects can help to define the crime of kidnapping and related problems.