Research On The Accomplished Standard Of Kidnapping Crime

The nine amendment to the criminal law for the crime of kidnapping the provisions of the criminal law was amended,the author used the method of widespread contact theory and strict legal logic,discusses the crime of kidnapping "for the purpose of extortion",implement the behavior,subjective elements completed standard content,interlocking,mutual authentication.Every criminal connotation of the subjective and objective aspects and corresponding extension must be consistent,since more than a subjective category,then,certainly must exceed the corresponding objective category;that "should be evaluated as" constitution factors "conclusion to extort property for the prescribed purpose" provisions.And through the demonstration "to blackmail property for the purpose" is certainly contrary to the principle of the principle of the subjective and objective.If forced to "extortion" for the purposes of punishment to the crime of kidnapping,namely "extortion" and the crime of illegal detention = kidnapping ",that is a typical subjective imputation principle,it is necessary to cancel the amendment to the criminal law" for the purpose of extortion "provisions of the "single act","kidnapping" is the inevitable choice to follow the provisions of the criminal law,but we will find that there is a certain logic paradox.The accomplishment is the implementation of behavior is completely finished,all the elements have been finished after the evaluation,no subjective objective elements should not be before the crime elements,that is to say before can not evaluate for sins.But the reality of the completion of the kidnapping and extortion of property after the implementation of the Act(the outcome)is still a crime of kidnapping.So this logical paradox from another aspect of the abolition of the first paragraph of the "blackmail property purposes" provisions of the necessary and fundamental.The law of life and health benefits can not be used as the fundamental reason for the protection of the crime of kidnapping is based on the provisions of the second paragraph of article 239 th of the criminal law should be removed from the conclusion.Legal interests of property can not be used as the legal interests of the crime of kidnapping,is based on the discussion of the "blackmail property for the purpose of" the provisions of the abolition of the conclusion.Personal safety law not as a legal reason of kidnapping crime is to protect the personal safety of legal interests are violated in the murder,the crime of intentional injury,even up to the criminal law protection of legal interests,but also endanger the personal safety of the crime should be more appropriate,while only a slight time of intentional injury injury,criminal law does not apply the punishment,administrative punishment law,the personal safety of the law(which did not cause actual bodily harm)rise to criminal protection level,is also wrong.The legal interests of personal freedom are the legal interests of the crime of illegal detention,and can not be used as a legal interest in the protection of the crime of kidnapping.To sum up,the author believes that the crime of kidnapping has no clear legal interests,so there is no need to exist.The provisions of the second paragraph of the criminal law is in fact the killing,intentional injury causing serious injury,the results of the death of the 239 th acts of legal fiction identified as a crime of kidnapping.The legal fiction has attempted murder,crime punishment standards,attempted murder in minor injuries,injured one or two punishment standards are not logical contradiction,therefore,whether killing intended harm behavior should be accomplished or attempted crime of kidnapping and separate evaluation is in accord with the requirement of punishment is consistent with the criminal legislation.There is no need to completely superfluous provisions of the second paragraph of the content,so the author thinks that the crime of kidnapping the criminal law second paragraph should be can celled.