On The Crime Of Kidnapping

The study on the offense of kidnapping is being discussed now. although Article 239 of 1997 Criminal Law stipulates the offense of kidnapping, it remains unsatisfactory. Problems still exist in practice and in theory. Based on the judicial practice and the present legal study, this article is devoted to a further study.The article is divided into five parts:In introduction: it introduces the danger of kidnapping and summarizes the current research on the offense of kidnapping in practice.Chapter 1: the concept of the offense of kidnapping. This chapter systematically introduces the different opinions on identifying the offense stipulated by Article 239 of 1997 Criminal Law and analyzes the causes. Then the author explains the reason why he supports the "one offense theory" and defines the concept of the offense of kidnapping.Chapter 2: elements of the offense of kidnapping. This chapter analyzes the aspects on the offense of kidnapping. Then the author gives his own opinion.Chapter 3: the formation of the offense. This chapter introduces the formation of the offense of kidnapping: the stopping formation, the joint offense and multiple offenses. It examines the formation that the conduct has finished and concludes that the method to identify whether the conduct has finished is to analyze whether the person has executed the kidnapping and controlled the hostage. The offense of kidnapping does not exclude the formation of suspension. The person may be convicted as an accomplice or may have independently committed other offense, if he joins in the offense when the others has begun the offense of kidnapping.Chapter 4: the punishment. The author thinks that the circumstances that when the defendant could be sentenced to death should be detailed. The provision should design the circumstances in extenuating the crime.Chapter 5: comparing the relevant offense. This chapter differentiates the offense of kidnapping with the offense of false imprisonment,robbery,abducting women,abducting children,blackmailing,assaulting,murdering and so on.In conclusion: the author summarizes the opinion of the article.