The Criminal Identification Of The Stealing Children Behavior

To identify the behavior of stealing children within Chinese criminal law,the key is to clarify the concept of "steal" and "children".The verb of the word "steal",here can be interpreted as try everything to take the children away form their families by peaceful means.The noun of the word "children",especially for infants groups which under one year old and between one year old and six years old.As we all know,kidnapping and the crime of abducting and trafficking in children are most closely connected with the behavior of stealing children in content,but they still have some differences.For example,they can only solve the stealing behavior under the domination of specific purpose like "sell" or "extortion".These legal provisions are unable to cope with some complex problems in the judicial practice such as the the stealing behavior under the domination of specific purpose like adoption.But not only that,the purpose of the behavior of stealing children tend to be complicated and diversified.Even worse,it's also much more difficult to ascertain the perpetrators'criminal purpose itself of stealing children in the judicial practice.If dealing with these cases with the existing criterion,we cannot evaluate the crime accurately and reasonably.Whereas the principle of criminal law,"No law does not expressly provided for the crime",which is the core substance of the principle of legality,the large majority of cases will be announced as innocent.Lots of perpetrators will be get away with murder.It is apparently unreasonable and unfair.Based on above all,for these reasons,this article discussed that the identification of the stealing children behavior.The criminal identification of stealing children behavior,asked about the subject of aspects of crime,at least 16 years old,have the general principal of criminal responsibility and directly intentionally subjective performance.Their behaviors violates the stolen children' right of personal freedom and personality dignity and other legitimate rights,and they also violates these families and guardians'guardianship.The objective of aspects of crime refers to the behavior that offenders to take the children illegally and secretly away from their parents by every peaceful means which except violence,coercion or anesthesia ways,while the guardian or parents unknown.