Research On Legal Interest Of Kidnapping Crime

The crime of kidnapping is a traditionally and typically serious violence crime.In the rapid expansion of economic of China,happen of kidnapping case also cause extensive attention of all sectors of society.From criminal law of 1997 to now,The crime of kidnapping has been amended twice of ball of amendment.Frequently altering of legislation also reflect so many disputes of crime of kidnapping.No matter the theoretical cycle and practical cycle,they also keep altitude attention on the disputes of crime of kidnapping.From proceeding to the degree,author is keeping keen interest on the theory of crime of kidnapping.Author thinks that legal interest of crime of kidnapping is the most nuclear and the most theoretical value in the most disputes of crime of kidnapping.Why so many disputes in crime of kidnapping,the most important reason is legal interest that existing disputes in the origin.Only clarify and define the connotation of legal interest of crime of kidnapping,can we solve other problem,like dispute between single behavior and recombination behavior,as well as essence of purpose guilty.In addition,it can better guide that similar accusations could not be defined in the judicial practice.Whether it is revealing the theoretical loopholes in the crime of kidnapping,or the function of legal interest in the practice of kidnapping,we must first establish the premise and basic position of this article.This basic position contains two aspects: the first is the study of the cultural background and the history of the kidnapping of the crime,from ancient times to the present China,both kidnapping legislation of the history of institutional changes,there are legislation behind the humanities and social environment Factors such as the feudal law under the inheritance of the factionalism.The second is to elaborate the theory and development of legal interest in current China,which is based on a study of the history of the doctrine,but also includes the connotation and function of legal interest.These two aspects together can comprehensively and profoundly reflect the knowledge background and theoretical premise of the crime of kidnapping.Under the context of the establishment of a basic position,it deconstructs the legal interest of the crime of kidnapping.By analyzing and comparing the different views of the current theory of kidnapping,we have gradually established a relatively scientific theory in the single legal theory.This comparative analysis is based on that the logic of the various theories can not be self-consistent to show.On the basis of this,through the analysis of the legal interest of kidnapping and the analysis of the causes of the logic misplaced,the main reasons for the dilemma of kidnapping are basically found out.In the process of deconstruction of the theoretical differences in the crime of kidnapping,we also sort out and show the theoretical construction path of the crime of kidnapping.First of all,through the theoretical elaboration,the basic connotation of the crime of kidnapping is established,which includes the elaboration based on the behavioral perspective and also have the substantive investigation based on the choice of legal protection.The ultimate goal of the theoretical construction is to guide the judicial practice better.Therefore,on the basis of clarifying the connotation of the legal interest,by interpretation of the legal interest of paragraph 2 of the kidnapping crime and the comparative analysis of other similar accusations,the legal interest of kidnapping crime could basically achieved the function of guiding and explaining on the elements of the crime.