Research On The Problem Of Kidnapping Crimes

The crime of kidnapping is a kind of crime which seriously infringes upon the citizen's personal rights. It is also a kind of crime which is more controversial in the theoretical circles, and is difficult to be determined in the judicial practice. In recent years, with the rapid development of our country's economy and society, the crime of kidnapping has been on the rise. In the face of the increasingly serious kidnapping crime in our country, the research object of the crime of kidnapping is undoubtedly of great theoretical value and practical value. Based on the previous results, through semantic analysis, comparative analysis, case study and other methods, this paper study some important problems of the crime of kidnapping or controversial issues,and provides relevant legislative suggestions.This paper is divided into four chapters besides the introduction:Chapter one: the constitution of the crime of kidnapping. A correct understanding of the crime of kidnapping crime is a basis for determination of the crime of kidnapping. This paper studies the kidnapping crime from the aspects of object,objective aspect, subject and subjective aspect of the crime of kidnapping. This article holds that the object of kidnapping crime is the freedom of action and physical security of the kidnapped person in the original state of life. In the objective aspect,this paper agrees with the theory of unitary action, and discusses the various reasons for opposing the theory of compound action. In the aspect of subject, the person who has reached the age of 14 and less than 16 years old shall be sentenced to intentional homicide in the kidnapping. In the subjective aspect,t this paper holds that the crime of kidnapping is a crime with purpose.The second chapter is about the understanding of the aggravated crime of kidnapping. In this chapter, this paper mainly discusses the understanding of the two kinds of aggravating, that is, to kill the kidnapped person and intentionally hurt the kidnapped person causing serious injury and death, the two components of the specific analysis. For example: the killing of the kidnapped person does not have to be completed on the premise of kidnapping. In the process of kidnapping or kidnapping crime, as long as people have intentional injury and cause serious injury or death of the victim, this behavior was in line with the aggravated results of the crime of kidnapping, should be in accordance with the crime of kidnapping. The actor shall be dealt with in accordance with the aggravated consequential offense of the crime of kidnapping.The third chapter is about the distinction between the crime of kidnapping and related crimes. This part mainly discusses the distinction between the crime of kidnapping and the crime of robbery, extortion and illegal detention. this paper first discusses the differences in their composition of crime.Then, this paper discusses several cases which are difficult to distinguish, and finds out the differences between them, and then distinguishes them from other crimes.The fourth chapter is about the legislative perfection of the crime of kidnapping.Although the amendment to the criminal law (nine) has a great improvement on the crime of kidnapping,it still needs to be improved. For example: The starting point of the legal penalty, the list of aggravated circumstances and the corresponding legal punishment range, the provisions of the circumstances are not clear enough, the scope of the crime of kidnapping, the mode of property punishment, etc. There are still some deficiencies in these aspects need to be perfected. Finally this paper put forward the concrete improvement proposals and amendments.