Qualitative Of Openly Obtained The Victim’s Property In The Kidnapping

"Qualitative of openly obtained the victim’ s property in the kidnapping" is a relatively common act extracted from kidnapping crimes.As the behavior of the qualitative of openly obtained the victim ’ s property in the kidnapping,there are usually two situations in practice,.The first is that the perpetrator tries to obtain the victim’s property in the process of kidnapping,and the victims do not have any other reasons,and then take the means of violence to obtain the damaged property.The second case is that in the course of the abduction of the victim,the perpetrator tries to publicly obtain the victim’s property,in addition to the violence of the kidnapping itself,and no longer take any other means of violence to obtain the victim’s property.Due to the fact that the actor in the first instance is considered as a joint punishment for kidnapping and robbery,there is little controversy in academic circles.Therefore,this article will focus on second cases.There are three characteristics in the kidnapping process,which are public behavior,complexity and complexity.The above characteristics are the important premises that affect the qualitative behavior.In the qualitative process of behavior,we should first clarify the number of crimes that may be caused by this behavior.The number of crimes is a part of behavior conviction.If we want to identify the behavior nature of the actor,we should first make clear whether the act is consistent with one or several crimes.If a crime is conformed,which crime does it conform to?If a number of crimes are conformed,what are the criminal components?Is it a crime or a number of crimes to deal with the behavior of the actor?Which crime is the crime or which crime?At present,there is no unified conclusion about the nature of the behavior of public victims who have acquired the property.The main controversial points are:"one crime","difference theory" and "number crime theory".Under each theory,there are still different views.The theory of one crime is divided into:"one crime of kidnapping" and "a serious crime of kidnapping and robbery";the"distinction theory" is divided into "the subjective distinction theory" and "the distinction theory of objective behavior";"the theory of the number of crimes" is divided into "abduction and robbery and punishment" and "kidnapping and snatching and punishment".The above theories have different degrees of defects in the qualitative analysis of the behavior.In this paper,the qualitative analysis of behavior will clarify several theoretical problems:one is to prohibit the principle of repeated evaluation,the two is the principle of full evaluation,and the three is the secret of theft and the openness of the snatch.After clarifying the concept and characteristics of perpetrator behavior,summarizing and analyzing the disputed views,and explaining the relevant theoretical basis in detail,this article will combine the "distinction theory" and "the number crime" to obtain the property of the victim in the process of kidnapping.In the process,public violence takes money "and" public non violence takes property during kidnapping ".According to the principle of prohibiting repeated evaluation and foll evaluation,and the "secrecy" of theft and the "openness" of robbery,the former should be identified as the joint punishment of the crime of kidnapping and the crime of robbery;the latter should be regarded as the joint punishment of the crime of kidnapping and the crime of snatching,of course,if the behavior of the actor is not in accordance with the "multiple robbery" or "multiple robbery",The requirement of"large amount" has not yet reached the standard of convictions.At this time,the latter is considered only as a crime of kidnapping and the act of snatching property as a sentencing plot.