The Study On Difficult Problems Of "Kidnapping That Not For Extortion"

As the provision of the crime of kidnapping is very general and vague.From the beginning of the stipulation of kidnapping,the discussion between the theoretical and practical circles has not ceased.Many problems have not been solved until now,for example,the issue of the crime of kidnapping,the standards for the accomplishment,and the legal benefits of protection and so on.However,with the continuous development of social economy,people's pursuit of satisfying the material needs is weakened.Therefore,the character of kidnappings in these years not only manifests as that makes crime more diverse,but more importantly,there are an increasing number of abductions not targeted for extortion.Criminal purpose of kidnapper includes settling conflicts within the family,meeting emotional needs and meeting political demands.That is,it can be just an ordinary criminal case or an international terrorist activity.Exactly because of this,kidnappings that not for extortion are more difficult to characterize than ordinary kidnappings and are more likely to be confused with other offenses.Therefore,the crime of kidnappings that not for extortion is one of the focuses and difficulties in current research.Accordingly,the crime of kidnappings that not for extortion covers by this article.Starting from the existing complicated problems,I do system research and theoretical analysis to find the correct way to resolve the problems and reasonable measures.Then present my own views on the perfection of the law of kidnapping.At the same time,I hope that I can provide reference for solving relevant problems in the process of legislation and judicial practice.The main body is divided into four parts:Part I: Introduce what is the abduction that not targeted for extortion.By examining the provision of the crime of kidnapping,this article analyzes why the legislators use the parallel way to stipulate and divide the two types of abduction crime.Compare the differences between different types of kidnapping behavior and specify the significance of the research.Part II: Summarize a few difficult questions that have emerged but are not yet solved during the trial.Such as the difficulty of distinguishing such abductions from other similar criminal acts,the qualitative problems of special abductions and so on.The text combines real cases and referee instruments to analyze the controversies in each case.Then summarize the difficulty and KeyPoint of the problem as well as the scholarly viewpoints,and put forwardmy own views on each issue.Part III: Through the analysis of the key point of the specific problems mentioned above,the causes behind the problems are sought from the legal theory.It is not limited to the crime of kidnapping itself,but includes other theoretical issues that may be involved,such as the legal formulation.Find solutions for the speculative difficulties,and put forward my own views on these disputes and countermeasures.The article holds that the above problems are caused by the fact that the criminal object of kidnapping crime has not been clarified.Moreover,academics restrict the criminal purpose of abduction to "illegal," which cannot meet the need of the current complicated crime situation.Part IV: In the case of examining these theories still cannot effectively solve these judicial difficulties.We are required to discuss the shortcomings of the crime of kidnapping from the perspective of legislation.Learn from other countries' laws and gain experience with them.Thus,perfecting the kidnapping crime in our country.The article holds that the legal punishment of kidnapping crime in our country's criminal law still has its shortcomings,and the description of criminal offenses is too general.In this regard,I was trying to design a law.