Studies On Several Problems Of Kidnapping Crime

The kidnapping crime is a crime which seriously infringes upon the rights of citizens.It was wrote in provisions of Chinese Criminal Law in 1997 and amended in“Amendment of Criminal Law(Seven)” and “Amendment of Criminal Law(Nine)”.There are still many disputes in the theory of Criminal Law,and there are still some difficulties in judicial practices.This thesis demonstrates objective and subjective aspects of kidnapping crime as well as aggravated consequential offense,where there are too much theoretical disagreements.And it also demonstrated related measures to solve the difficulties in judicial practices based on related analysis.The thesis has the following four sections:The first section is about objective aspects of kidnapping crime and it discusses that kidnapping crime is a kind of complex behaviors that formed with means and purposes.Its means is to implement the control of the victim’s personal freedom,with its specific methods do not make behavior of taking hostages away from original place to another places as constitutive requirement,including violence,coercion,anesthesia and other methods.The purpose of kidnapping crime is to make others as hostages and raise illegally requests to a third party(including the behavior of extorting money).So kidnapping crime is a kind of behavioral offense,which takes completion of kidnapping crime as accomplishment criteria.The second section is about subjective aspects related to kidnapping crime,which considers that kidnapping crime is a direct intentional crime and expounds that intention of kidnapping crime includes the intention of kidnapping the victim and the intention of extorting money or raising illegally requests to a third party.It verifies that kidnapping crime is a kind of intent crime and its criminal purpose is to extort money or raise illegal requests from a third party.The third section is about aggregated consequential offense of kidnapping crime.This thesis takes this kind of aggravated consequential offense as aggregated consequential offense and discusses its constitutive requirements including serious injury or death caused by intentional homicide or intentional injury behaviors.It studies incompleteness status of aggravated offense,such as discontinuation of the homicide or attempted homicide,intentional injury to the victim that caused minor injuries or no damage.All of above mentioned criminal behaviors should be convicted of kidnapping crime and should be applied to General Provisions of Criminal Law related to attempted crime and discontinuation of crime.The fourth section studies on judicial determination of kidnapping crime.Firstly,it studies the crime of killing the victim during the processes of kidnapping crime and makes this behavior as a kind of imaginative joiner of offense,which should be convicted of kidnapping crime and takes the death of the victim as discretionary circumstances for heavier punishment.Secondly,the key difference between robbery and kidnapping crime is that robbery is illegal possession of property and the latter is a threat to safety of the victim and asks for property from a third party.Finally,the thesis expounds definitions of criterias for kidnapping and false imprisonment and focuses on identification of behaviors to ask for more property,considering that the behaviors of asking for a large amount of property should be convicted of kidnapping crime.