"The Release Of The Hostages" Of Kidnapping Case And An Empirical Investigation Of Identified "A Minor Infraction(of The Law)"

All along,the crime of kidnapping in the judicial practice,the punishment of its crimes,not the application of criminal punishment,the legal starting point is too high and the problem of the stop form of kidnapping crime,are the focus of academic controversy.The Criminal Law Amendment(vii)of 2009 added the "Lesser of circumstances" to the crime of kidnapping,for more than five years,the term "less than ten years",in the trial practice,the "lesser circumstances" of the cognizance is also more chaotic,especially the release of hostages and the identification of "light" relationship,there are many chaos.Particularly noteworthy is that the kidnapping after the initiative to release the hostages,2009 years after the verdict,the understanding still difficult to be unified,even if the crime of kidnapping the minimum legal penalty can reach 5 years in prison,but after the kidnapping of the release of the hostage case,how the sentencing,the practice of the understanding is still not uniform The empirical study of large-scale sample cases shows that no matter what reason the perpetrator released the hostage,it is found that the circumstances are lighter and the application of light punishment,the object of kidnapping and ransom is not necessarily the size of sentencing circumstances have a certain impact.At the same time,in practice,not only "less plot" and "release of Hostages" is more confused,for the "less plot" of the standard of judgment also exist inconsistent,such as some cases do not exist "special mitigating circumstances",are identified as "less plot",even the same region,different levels of the case in the same cases identified there are differences.At the same time,the criterion of sentencing in trial practice is not uniform,and the principle of suiting crime and punishment is not fully implemented in the trial practice of kidnapping crime,and the kidnapping in our country has a higher penalty than the crime of kidnapping.China's Taiwan and the extraterritorial legislation on the crime of kidnapping should be more specific,more detailed,not only the "release of hostages" provisions of the scope of application,but also clear the "release of hostages" after the applicable penalty.China's practice should draw on the relevant provisions of Taiwan and the foreign countries,distinguish between the "release of hostages" of different circumstances,clear "light plot" judgment basis,while refining the "release of hostages" of different sentencing,in order to deal with today's diversified kidnapping crime.