View On The Sentence Structure Of Kidnapping Crime

As the Kidnapping case on the Chinese visiting scholar Zhang Yingying in the USA,people forecast if the crime and punishment comes into existence,the maximum sentence of the Christensen will be life imprisonment.As a judicial worker,I cann't help thinking that if the case happened in China,what the verdict will be.It has to be talked from our sentence structure of Kidnapping.How to specify a way for realizing the suiting punishment to crime,by means of deciding it's punishments?extent,gatherring all plots of a sin to get a finial declaration of punishment,after the facts of the case are allocated.In the view of criminal jurisprudence,the precondition of accurate sentencing is to identify the factors of crime constitution precisely.But,considering the differences about those factors,there is need to custom-made a set of feasible operating standards maximum possiblely to guarantee the suiting punishment to crime.Of course,the sentencing is a necessary conclusion,an objective standard,so even if we can't exclude the discretion of the judge to realize the results,while it can come into truth by standardizing the judicial rules.Rather than the consistency of the result,the aim that the sentence structure pursuing is the certainty of the method.Though,the Supreme People's Court has announced?The Sentencing Guidelines on Common Crimes?in 2014,and revised partly in 2017,which makes 15 kinds of crime,as the robbery?intentional homicide included in this specification range,making the sentencing normalized,it also gives priority to the qualitative analysis while the quota analysis,and focuses on common crimes,which can't directly apply to the sentencing of kidnapping with special social harmfulness.For this purpose,the article will comprehensively apply knowledge about Law?Public Administration?Sociology?Statistics and so on,to construct a structural Sentencing Guidelines,combining with the advantage about different sentence structure of extraterritorial typical countries such as American Digital Sentencing Guidelines and British Reasoning Sentencing Guidelines,by analyzing the disadvantage directly applied to the Kidnapping sentencing the sentence structure like sentencing in piles?computer-aided sentencing in our judicial practice.Then,it can quantitatively measure some kidnapping crime with different circumstances of sentencing,providing a structural standard for reference for judicial officers on sentencing the article is divided into five parts:The introduction part,puts forward the research ideas,research content and research method of the article,that is completing a logical sentencing plot system,and constructing a perfect kidnapping sentence structure,by briefly introducing the legislative evolution of kidnapping in our country,under the current legislation mode,and summarizing the structural disequilibria between the kidnapping sentencing in piles and the principle of adaptation to crime.In chapter one,summarizing the basic theory on the sentencing plot about the kidnapping,is the theory of bedding to build a logical sentence structure.This part puts the positioning analysis into the sentencing theoretical design and thought,which is doctrine of responsibility,making it really play a role of adjuster about the declaration of punishment and the basic of sentence structure,by identifying sentencing plot.The first is to correctly distinguish between conviction plots and sentencing plots.Convicted circumstances can only be the basic kidnapping criminal facts,abduction or to steal theft extorting money for the baby,other kinds of subjective and objective fact is used to reduce or increase the legal punishment,and to be given a lighter or heavier regulation legal punishment sentencing plot.The second is to accurately define the statutory sentencing plot and the discretionary circumstances.The final point of the statutory sentencing plot lies in the provisions of the criminal law,which must be applicable.According to ban repeated evaluation principle,every outside the convicted circumstances and statutory sentencing plot can show acts harmful to the society and personal risk and reflect the fact that the severity of subjective and objective aspects of the plot,can be summarized as discretionary sentencing plot.Finally,the rational evaluation of "the light of the plot" and "the result is aggravated".On the one hand,through the elimination method,some plot factors are set as "the plot is light",and then "the plot is lighter" is more convenient for practical operation.On the other hand,by fully considering the behavior of social harmfulness and personal harm,cause serious injury or death to no results,but the kidnapping,many times people or means of cruel,to severe penalty clause to give judges discretion,with serious crimes such as murder and robbery punishment.In chapter two,applying the ordering of the different plots in sentencing,is the precondition of constructing the sentence structure.There are always more than two sentencing plots in a kidnapping,which is called as the concurrence of sentencing plot in the theory of criminal law.Firstly,it is how to rank the sentencing plots when they are in the same direction.Here,to measure the social harmfulness of the whole crime and the actual situation of every sentencing plot.Then to ensure the lighter or heavier percentage of every sentencing plot and consider comprehensively by the way of synthetic additive.Secondly,it is how to rank the sentencing plots when they are concurrent in the different direction.The article combines the pros and cons of the overall judgment said?the offset said and the applying of prior plot said,which thinks it needs master two fundamental points at this time.one is to evaluate the extent of the social harmness of the specific individual cases,and the other is to evaluate the extent of the punishment within the range of the sentence and to judge the extent of the circumstances.Finally,mitigating circumstances is a priority.The mitigating circumstances mentioned here is the plot of the "lighter plot" which is in accordance with the provisions of the criminal law of the crime of kidnapping,which does not include legal mitigating circumstances.It is mainly discussed in this case that there are legal mitigating circumstances and "lighter circumstances" in the crime of kidnapping.In this paper,the author uses the example method to give priority to the conclusion that "the plot is lighter".In chapter three,the weight setting of different plots appears in the sentencing.Different plot proportion when sentencing,is not just about how to reverse the plot coexist between strictly from the plot offset problem,more is to determine the declared a crime according to different circumstances come from stiff punishment of important basis.The first is the question of the weight of statutory and discretionary circumstances.By each sentencing plot in horizontal and vertical comparative analysis,and is there a difference to grasp its influence degree on sentencing results,rather than routinely considered legal sentencing plot weight is higher than discretionary sentencing plot.The second is to reduce and aggravate the weight problem of the sentencing plot,namely,to reduce and aggravate the upper limit,lower limit and range of punishment.On the one hand,it sets a reasonable lower limit for mitigating circumstances by setting the mitigating proportion of the punishment and mitigating the punishment.On the other hand,in the kidnapping crime constitution and harm results accord with the aggravating provision coexist with other aggravating,life imprisonment or death penalty suspended execution immediately and need to have a problem,should contribute to sentencing plot setting reasonable limits.In chapter four,constructing the theory and practice of kidnapping sentence structure.First of all,the sentence structure theory of the crime of kidnapping is conceived.Through a brief introduction to <the United States sentencing guidelines>of sentencing theory and the current existing disadvantages of <the sentencing guidelines>,the author thinks that because of the kidnapping the current legislation of the punishment is too single,and all kinds of typical kidnapping emerge in endlessly,a single digital sentencing cannot fully adapt to the need of judicial practice,thus in the crime of kidnapping sentencing should take digital as opposed to a narrative of the combination of digital sentence structure.This kind of sentence structure theory can be designed as follows: to distinguish between fixed-term imprisonment and life imprisonment,and death penalty method.To life imprisonment and the death penalty,the use of the narrative logic reasoning method,is in line with the overall case analysis should be applied to life imprisonment or death penalty case and set up for life imprisonment or death penalty "interval",finally through the qualitative analysis,is applicable to life imprisonment or death penalty of conclusion.This method can be called the qualitative quantitative method of the theoretical interval.For prison sentence method,through the digital sentencing way to solve,after all,the use of the specific circumstances set to a specific value,is in conformity with the demand of theory and practice,only then can avoid the judge sentencing deviation caused by the individual reason.At the same time,the combination of the above circumstances,design a set of relatively suitable to China's kidnapping sentencing demand digital sentencing thinking structure,thus conceived our country criminal law theory to the operation of the kidnapping sentence structure.Secondly,the practice of the crime of kidnapping is conceived in terms of the sentencing plot system.This part first introduces the American sentencing guidelines,level of 43 of sentencing table for the given circumstances of kidnapping in the grade rules,analysis the advantages and disadvantages,and then using the experience of the United States,clear the different given circumstances of kidnapping in the application of a set percentage of rank and influence punishment degree increase.Next,to further test the above theory,we can simulate the realization of this relatively digital sentence structure through concrete examples and realize the perfect combination of theory and practice.