On The Juridical Determination Of The Crime Of Kidnapping And Its Legislative Improvement

As a serious crime, the crime of kidnapping has always been one of major offenses thatthe judiciary to punish. It threats every citizen’s safety of personal and property, and hindersthe establishment of a harmonious society. However, due to criminal law is general about thecrime of kidnapping, and the logical relationship between the relevant law need to improve.what’s more, for the new problems of practice that brought about by the crime of kidnapping,the judiciary has not made a new judicial interpretation.There are great divarication and vagueunderstandings for the cognizance towards the kidnapping in theory and judicial practice. So,author hope to can help judicial practice through study. This article from the essentialelementsof the crime of kidnappingThe criminal object of kidnapping is complex object.Kidnapping is infringing citizen’s rights of physic freedom, health, life, and property orrelated others’ the right to self-determination behavior of objective aspect is compositebehavior, it is composed by kidnapping and extorting property or putting forward illegaldemands. Both are interdependent and indispensable, or it can not constitute the objectivebehavior of crime of kidnapping. In addition, the behavior is not limited to the obvious meansof violence, but showing diversity. The criminal subject is general subject and subjectiveaspects are deliberate. The author also discusses on the related problems about quantity ofcrime, common crime of crime of kidnapping and so on. On the basis of analyzing shortage oflegislation, author put forward sound Suggestions: the offenders between14and16years oldshould be prosecuted for the criminal responsibility; We should modify the applicableconditions of absolute death about crime of kidnapping and refine standards for determiningof slight plot.