A Study On The Problem Of Finished Kidnapping Crime

In 1991,1997,2009,and 2015,the kidnapping has been revised,supplemented and perfected for four times for a better governance of kidnapping.As a result,a more scientific punishment system has been formed,which provides a legal protection to the governance of crime.However,there are different awareness on kidnapping among people because of the abstractness of the legislation of kidnapping and the complexity of the quality of kidnapping itself.And when these awareness are used in juridical practice,it will lead to the phenomenon of different punishment of the same condition.Among these different awareness,the controversy on the crime pattern is the fiercest.Therefore,different judicial person has different judges,which naturally leads to the differences or even huge differences on the trial result.Thus,it's necessary for us to discuss and do research on the complete form of kidnapping.Based on “Criminal Law Amendment(7)”,“Criminal Law Amendment(9)”,this paper discussed the problem of not accomplished kidnapping and the accomplished kidnapping from two aspects: the basic crime of kidnapping as well as the constitution of crime of the aggravation and the extenuation of kidnapping.This paper discussed this problem mainly in these chapters as follow.Introduction: This chapter discussed the meaning of uncompleted kidnapping from the concept,the characteristics,and the meaning of the stopping form of intentional crime;and also simply summarized the controversy on the standard of the finished kidnapping,theoretically and practically.Chapter one: This chapter studied how the awareness influence the uncompleted kidnapping,from the history of the legislation of kidnapping,mainly based on the revising background and content of “Criminal Law Amendment(7)”,“Criminal Law Amendment(9)”.Chapter two: This chapter discussed the standard of the finished kidnapping according to classic cases.It is discussed from two aspects: the one is the definition of interests in kidnapping,the other is the actual deeds of kidnapping,and then find out when and how a finished kidnapping is committed.Chapter three: This chapter studied the Paragraph 2 of Article 239 of the Criminal Law from the perspective of aggregated consequential offense to find out are there any uncompleted or finished kidnapping in the following cases: “killed the kidnapped”,“deliberately hurt the kidnapped causing serious injured ”,and “ deliberately hurt the kidnapped causing death”.Chapter four: This chapter analyzed the finished kidnapping problem from the perspective of circumstance crime.On the one hand,this chapter analyzed the definition of circumstance crime and if there are uncompleted kidnapping in it resulting in “less serious crime”.On the other hand,this chapter defined the meaning,and elements of the “specific circumstance” in “less serious crime” and the definition of “less serious crime” in kidnapping.This paper analyzed and clear the standard of finished kidnapping in these chapters,which can better guide the practical of law to reduce the differences,and to avoid the situation that different results in one case.Therefore,the legal interests of people can be effectively protected,as well as the stability of society and the authoritative of the Criminal Law.