Criterion Of The Discontinuance Of Kidnapping By Ransom

Is a common type of crime of kidnapping,especially to redeem the kidnapping crime is more common,in the judicial practice in our country,for this type of crime,and the comparison with standard is usually USES the "single",as long as the behavior of the kidnapped person and the actual control of the kidnapped person,has been accomplished,if the case constitutes the crime of kidnapping could no longer stop established,however,many scholars and judicial practitioners have questioned,think that the offender in the actual control extorting money before the initiative after the release of the victim,the victim discontinuation of a crime should be established,the accomplished,if it is decided that the person under punishment punishment too heavy,although lawmakers will kidnapping minimum sentenced to fixed-term imprisonment of not more than five years,but this is not a very good solution to solve the above issues,the controversy of the fundamental problem,not sentencing issues,but criminal discontinuation of a crime with theory and system recognition problem.In this paper,the actor,after the actual control of the abductee,has not extorted the property,voluntarily released the kidnapped person,and should be deemed to have suspended the crime.This paper discusses the problem in three chapters.The first chapter is the case of controversy and the question raised.By citing typical cases in the judicial practice in appeared in the process of dispute,criterions for the conviction to introduce in this article to discuss the problem,namely,redeem type of kidnapping crime to suspend the standard theory cannot justify,not reasonable solve related cases in practice,the need to establish a standard to guide practice.The second chapter is the conclusion and proof of the current theory.About le redeem type standard of kidnapping crime suspension,is closely related to the classification of the kidnapping,if it is thought that purpose of kidnapping crime is committed,single behavior crime,complex behavior crime,corresponding to a different conclusion.Kidnapping the protection benefit and types of behaviour is to discuss insurmountable barrier of kidnapping,also discuss the basis of kidnapping,only clear the scope of the two can more in-depth understanding of kidnapping.China's criminal law stipulate the kidnapping crime and the crime of illegal detention,if only considering from the personal freedom,has no difference,both this is also the disadvantages of single behavior theory,therefore,in the personal freedom,also need to consider the behavior of extorting money person,in this way,can distinguish kidnapping crime and the crime of illegal detention.In this chapter,the author focuses on the analysis of the law of the protection of the crime of kidnapping to support the author's argument.The third chapter is to return to the case itself,analyze the case through the theory of the foreword,analyze the behavior nature of shen and yu,and draw the conclusion.