Research On Kidnapping

All through the ages, kidnapping has been considered as one of the gravest and the most universal crimes. Starting with the definition and character of kidnapping, based on the traditional theory of the composition of crime, and combined with examples of cases, this paper thoroughly expounds and analyzes some controversial views in the theory of criminal law, concerned with the composition of the aforementioned crime, i.e. requisite to object, range of object and subject, and subjective characters, etc. and thereby draws a conclusive point of view which is in correspondent with the legislative spirit. Under any condition, the commission of the aforementioned crime is violation of the personal right, violation of private or public property, or offence against other legal social interests. Mainly by means of violence, menace, and anesthetics, the commission of the crime has the combined purposes of violating personal freedom, extorting, or obtaining other unlawful interests, therefore any natural person over 14, with capacity for criminal responsibility can be the subject of the aforementioned crime. This paper can serve as reference for the administration of justice, and may promote the improvement of the legislative technique and legislative level, in spite of which, "the principle of a legally prescribed punishment for a specified crime" should be adhered to in our administration of justice. Breakthrough of the legislative boundary is not the aim and principle of a law-governing modern society, neither is the violation of legislative intent.