The Judicial Definition Of The Patterns Of Kidnap Crime

The crime of kidnapping is a new charge added to the criminal law f1997. In recent years, with the rapid development of the chinese economy, the gap between the poor and the rich has been pricking up, the crime of kidnapping has been increasing year after year in our country. With the purpose of more effectively cracking down this kind of crime, the seventh meeting in the eleventh national congress standing committee of the people’s republic of China has adopted the prc criminals amendment (7) on February28,2009. The kidnapping are made some changes. However, there are greater disputes of the constituent elements of the crimes in the academic circle and judicial departments. The dispute focus mainly concentrated what is the act of perpetrating in the crime of kidnapping. Based on "the kidnapping behavior is a single act of perpetrating in this crime", this paper analyzes the suspensive forms of kidnap crime、the form of joint crime and the quantity of crime. Except in introduction and conclusion, this article was divided into three parts or discussion:Chapter1is the delimitation of the suspensive forms of kidnap crime. This chapter mainly analyze the accomplishment form of kidnap crime and the incomplete form of kidnap crime. By contrast, it suggests that the criterion on accomplishment of crime of kidnapping should be "the theory of sole behavior" and it is more suitable for the constitutive elements of the crime of kidnapping and the legislative intent. Based on this, three unaccomplishment form of kidnap crime were analyzed, the discontinuation of a crime can only be established in behavior begins kidnapping behavior and before the actual control of the kidnapped person.Chapter2is the the delimitation of joint crime of kidnap crime. Based on the view of the objective aspects in the crime of kidnapping is a single one, the crime of kidnapping is a kind of continuous crime, in the actual control of the victim, kidnapping, illegal state remains in a persistent state, at this time and the implementation of common intentional others participate in behavior can compose this crime. Mainly analyzed are common intentional follow-up in accomplice, common behavior without common intentional behavior of human responsibility, participate in the plan but did not participate in the kidnapping perpetrator responsibility cognizance.Chapter3is the delimitation of the quantity of kidnap crime. In the crime of kidnapping process, often with obscene insults, adultery, murder, hurt, or selling behavior. In the process of kidnapping and other criminal acts, should depend on the specific situation to decide one’s quantity of crime. And gives an exploration on the quantity of kidnap crime of the present criminal law.