Research On The Difficult Problems In Judicial Determination Of Kidnapping Crime

The revision of the criminal law amendment(7)and the criminal law amendment(9),the provisions of the criminal code on kidnapping crime have been increasingly reasonable.However,in view of the complexity of kidnapping cases,and the Simplicity of the criminal law,the theoretical discussion and judicial application have heated controversy,and the criminal law amendment(9)to the aggravating circumstances of the crime,it is necessary to study.These problems are mainly concentrated in: the accomplished standards of kidnapping crime are standard to control the hostage or the realization of illegal purpose;How to determine the " other illegal purposes" in the kidnapping crime;How to confirm " killing" of " kill the injured party " as applicable to life imprisonment or the death penalty,it refers to " be killed " or " homicidal act ";After the criminal law amendment(9)abolished the aggravating circumstance of " abduction cause death ",how to deal with the situation;In the process of kidnapping,the situation of robbing victims' property is the combined punishment for several offenses or choosing the heaviest crime punishment;The key difference between kidnapping and illegal detention;On the joint crime issue of kidnapping,it involves the establishment of joint crime between different crimes.Based on the above problem consciousness,this article takes " kidnapping crime" as the subject,mainly expounds and studies the difficult problems in the judicial determination of kidnapping crime,in order to benefit the in-depth study of the criminal law theory and provide theoretical reference for judicial practice.This paper is divided into the following six parts:The first part briefly analyzes the implementation of kidnapping crime.On the implementation of kidnapping crime,agree with " single behavior ",as for " extortion of others property" and " the use of the perpetrator's concern to the safety of the victim" is subjective in nature.In addition,the protection of this crime is the freedom of action and physical security of the kidnapped person in the original state of life,not including the view of property rights or other rights.The second part mainly discusses the interpretation and identification of " other illegal requirements ".It is considered that the " illegal requirement" here must have the same harmfulness of " extorting money and property ",and should not be recognized as the " illegal requirement" in the crime of " requesting recovery of love relationship ".The third part mainly discusses the understanding of the word " killing" in the " kill the injured party ".It is considered that the term " killing" should be strictly limited to the " be killed" of the kidnapped person and that the position of aggravated consequence is put forward,and does not agree with aggravating circumstances and combination theory.The fourth part focuses on how to deal with the " abduction cause death ".It is considered that,after the abolition of the aggravating circumstance of " abduction cause death " in the criminal law amendment(9),the " abduction cause death " should be recognized as the imaginative joinder.The fifth part analyzes the limit of kidnapping crime and robbery.The key to the difference is whether to use the third person's concern to the safety of the victim.If the perpetrator subjectively exists this purpose,whether whether the crime committed on the spot or whether the third person is informed or actually worried about the safety of the victim,does not affect the determination of the perpetrator.In addition,whether in the process of kidnapping or the end of kidnapping,the crime of robbing victim's property should be combined punishment for several offenses.The sixth part focuses on the limit of kidnapping and illegal detention.The two crimes are not antagonistic,can establish accomplice in the scope of illegal detention.After the kidnapping,the key to cognizance of takking part in custody of the hostages and robbing victims' property,is the principal character that Kidnapping is the continuous crime,if the former act is used,the third party should be convicted of the crime of kidnapping.