Accomplished Standard Of Kidnapping Identified

Kidnapping is often encountered in the judicial practice. Thefollowing problems exist when we are identifying kidnapping. Firstly,most kidnappings were found at the time the offenders Request the thirdparty to do something. If we think the kidnapping was accomplished whenthe victim was kidnapped, the suspension of kidnapping would never exist.Secondly, it is difficult to decide the accomplice of kidnapping. Thirdly,the boundary of kidnapping crime and the crime of illegal detention isconfused.The cause of these problems is the standard of accomplishment of thecrime of kidnapping is not reasonable. It is universally acknowledged thatthe standard of accomplishment of kidnapping is based on the commonstandard of accomplishment of crime. According to the theory of "completeelements that constitute a crime", as long as the victim was kidnapped,the crime of kidnapping was accomplished. However, this is not fair forthe offenders. It is more reasonable that take the legitimate interestswhich was protected by the criminal law was infringed as the standard ofthe accomplishment of the crime kidnapping. For several reasons addressedbelow:First, the theory of "complete elements that constitute a crime" iscommonly accepted in China. However, it cannot catch the meaning of thenature of crimes. Penal law aims at protecting interest of law, the essenceof crimes is the offence of interest of law. We should stick to the theoryof offence of interest of law in the standard of accomplishment of thecrime of kidnapping.Second, Accomplished our academic standards of kidnapping, three mainideas are represented. That is "accomplishment of kidnapping act"standard,"accomplishment of requesting a third party illegal behavior"standard, and "happening the results of kidnapping" standard. As all of them are based on the theory "complete elements that constitute a crime",they lack operability in a way. The author suggests that "infringing thelegitimate interests" standard is more appropriate.Third, according to the standard "infringing the legitimateinterests", the standard of the accomplishment of the crime kidnappingshould be "the autonomy of a third party was infringed".Fourth,"infringing the autonomy of a third party" standard canexplain the crime of kidnapping crimes suspension, common crime, as wellas the difference of the crime of kidnapping and illegal detention.