Research On Judgment Of Crime Of Kidnapping

Kidnapping is a kind of crime that with the great social harmfulness. Violates the personal rights of others seriously. Especially threats and hurts the kidnapped person’s life and security.But the regulation of our "criminal law" for kidnapping is restricted to the article of number two hundred and thirty-nine. Crimes is described so simple, a lot of situations in the judicial practice can’t be solved very well. Makes a lot of problems about this crime cannot agree on point of view in the theory and practice. In this paper, several common problems of the kidnapping in the judicial cognizance were analyzed, for example:is kidnapping a singular or plural behavior, what is the behavior of causing the kidnapped person death negligently or deliberately,how to evaluate the behavior of 14-16 year-old man killed the kidnapped person,the affect of commitment from the kidnapped person and so on. Comparing different theories, adopting the rational point of view, putting forward their own opinions, and qualitative the case about them that having a large dispute. The article is not for the sake of the complete system, just for a little of my own ideas on some high controversial problems. I hope the paper can provides some theoretical reference for the solution of these problems that exist in the judicial practice.