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The Plot Of Killing Kidnapped Person In The Crime Of Kidnapping

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:L J CuiFull Text:PDF
GTID:2336330518952949Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of kidnapping is a serious infringement of citizens' personal rights and property rights of the crime,in order to protect the citizen's personal rights and property rights,the criminal law revised in 1997 when the heavier punishment is defined for kidnapping.Especially for the kidnapping of "killing the kidnapped person" and "kills the kidnapped person",but no choice,directly apply absolutely sure the legal punishment of death.Of "killing the kidnapped person" and "kills the kidnapped person" two kinds of situations are set only absolutely determine the legal punishment of death penalty,clear focuses on intentional homicide,robbery,rape with aggravating circumstances.This setting reflects the legislators on kidnapping unusual negative evaluation.However,we should profoundly realize that the death penalty,after all,about another person's life,the judicial staff should be careful when apply it.Measured performance is to correct understanding and grasp the meaning of "kills the kidnapped person",in order to avoid the happening of the wrongs.Truly the adaptation,the offense when the crime was punished.This paper will be in Perspective of Wang mou kidnapping for example,the "kills the kidnapped person" and actor in the case of attempted to kill the kidnapped person and discusses how to apply the penalty.This article is a case study based Master's Thesis,This article will be discussed from the following three aspects:The first part is a brief introduction about the basic facts,as well as in the case of disputes.The second part is case analysis,the author combines with wang mou a kidnapping case,analyzing and discussing the controversial focus.The third part is the conclusion of this paper,the author reflects the purpose of our punishment,based on the sentencing thinking of wang mou kidnapping case.
Keywords/Search Tags:The crime of kidnapping, Crime accomplishment, Kills the kidnapped person
PDF Full Text Request
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