Research On The Action Of Extortion After The Murder By The Kidnap Whose The Problems Of Crime Number

Quantity problems of crime has always been plagued in the judicial practice and many scholars in the field of criminal law ,scholars in the application of criminal law dealing with all kinds of cases in the process, based on different angles on the meaning of unknown or there are differences of interpretation the provisions of applicable law to explain, leading to theorists and scholars on behavioral problem of the crime number cognition differences ,also cause the judicial practitioners and scholars on the acts of crime or to a number of controversial crime decision. When the subjective state of mind and behavior of the behavioral person in the case is complex in structure, this will cause the basic problems of crime number of fierce controversy. Along with the rule of law in our country people's conception , meaning and justice right attitude strengthened gradually, in judicial practice the crime number problem has not simple to solve the problem of criminal justice, but also at the same time to tolerance solve the public view, justice and legislation and so on deduce process problems that may occur. In this paper, the behavior of kidnapping murder as the basis, in the case of kidnapping murder rope wealth behavioral crime number to analysis and qualitative number in the process of a series of disputes, to put a series of existing controversial issues in the paper, combined with the use the theory of criminal law analysis in the process of reflection and enlightenment, triggered further of the controversial issue to a detailed analysis, in the future practice to deal with the similar case for practical legal paper has reference and draw lessons from a meaning. The paper has three parts:The first part of this article is mainly on the analysis the behavior of human Lin kidnap and murder case are simply described, and the controversy over on this case, summarized the issues discussed in this paper and includes introduction. About this case qualitative behavior different point in the following several aspects: constitute the crime of kidnapping; Constitute intentional homicide and extortion of crime. Based on the purpose of this article writing and the limited length, will discuss problems with behavior is limited to the identification of crime number theory, has nothing to do with the case for crime number theory not to discuss.This article describes the second part of the first article to analysis of the behavior after kidnap and murder, and then using to kidnapped behavior homicide cases to rely on this case, from killing the wealth of behavior crime number of different opinions, after the killing of the wealth behavior crime number of different opinions to concluded a comprehensive analysis and draws the conclusion: the author thinks that behavior person after the kidnap and murder the wealth should be intentional homicide behavior and extortion crime number combined punishment for several crimes, and after the kidnap and murder of wealth from the nature, causal relationships, legislative terms aspects to make scientific and reasonable analysis; finally from the subjective knowing and objective aspects of analysis the extortion after kidnap and murder found in the judicial practice.This article mainly from the third part that the judicial practice and theory of criminal law two levels behavior the charges and the number of crime actor in this paper. From harm nature, object and comprehensive analyzed the compliance to criminal law intentional homicide and extortion of the crime. Secondly, on the basis of traditional crime number idea in this case analysis, judged and based on the above analysis from hazard behavior, causal relationships Angle, that actor's criminal act constitutes intentional homicide and extortion, should be combined punishment for several crimes.