The Study On Disputed Points Of Kidnapping’s Judicial Cognizance

In recent decade kidnapping cases, crime to diversification and specific complication of kidnapping criminal facts lead to the distance between the criminal facts and kidnapping legislation. This kind of disparity have made the problems to judicial in song typical specific kidnapping cases. The problems mainly concentrate in: the establish in the purpose of kidnapping, what kind of behavior can be included in kidnapping, the crime accomplishment standard of kidnapping, the suitable conditions of add and reduce legal punishment, joint crime in kidnapping cases, the basis and the accurate division of criminal responsibility for every criminal.Depending on a large scale of collection, reading and digestion the criminal sentences, the papers of kidnapping theory, I have made some solutions on typical diffcult situations on kidnapping cases:thinking that the purpose of kidnapping belongs to the subjective elements that can set up without the objective behavior and should be limited in illegal nature; kidnapping is a single behavior crime that using the physical force to control someone is the crime accomplishment of kidnapping; giving the solutions to the atypical diffcult conditions of add and reduce legal punishment; the establishment of joint crime should limited in the coincidence between charges, the made of criminal responsibility should insist personal responsibility position under the establishment of joint crime for every criminal, the basis of people only participate in behavior like captivity or extortion because it has causality relationship with the realization of the crime purpose rather than the establishment of inheriting joint crime.