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Kidnapping Crime Research

Posted on:2018-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y D ZhangFull Text:PDF
GTID:2356330515477511Subject:Law
Abstract/Summary:PDF Full Text Request
Kidnapping is a common multiple cases,which is very serious for social security.In the kidnapping case,there is a certain type of cases related to "debt".Due to its complex form of cases,there are some controversies about how to deal the case properties in theory and in practice.According to the related dispute cases and disputed points,it studies the problems of the cases involved,the main content and overview of view are as follows.For qualitative type of kidnapping of the debt,there are many problems worth studying.First of all,not all on the premise of existence "debt" kidnapping should be set the crime of illegal detention;Second,the behavior asking for more than the actual amount of the debt property,also can't because of its exaggerated amount by kidnapping,it should combine with the offender behavior motive,purpose and means according to the actual circumstances of the case,including the degree of threat to the safety of the victim factors such as comprehensive recognition;Fourth,the kidnapping of a third person as a party by blackmail,it damages their right to self-determination,but the third person does not affect the establishment of the kidnapping;When the object is the third person who is the debtor of the detention without any relatives outside property relations,the behavior should be in the crime of kidnapping.
Keywords/Search Tags:Kidnapping, debt, the third person, debt claim, subjective purpose
PDF Full Text Request
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