Analysis On The Nature Of The Behavior Of Fictional Kidnapping For Money From Close Relatives

Fictitious kidnapping of oneself for property from close relatives means that the perpetrator makes the close relatives who live together and share the family property believe that they are kidnapped by fabricating the fact that they are kidnapped.The perpetrator intends to use the fact of false kidnapping to make the close relatives worry about the safety of the kidnapped hostages and dispose of the property so as to illegally occupy the family property.Fictitious behavior of kidnapping oneself for money from close relatives has the following characteristics: the complexity of behavior structure,the particularity of behavior means and the particularity of behavior object.There are different opinions on the nature of fictional kidnapping to close relatives from the theoretical circle,and there is no unified conclusion.There are mainly the theory of innocence,the crime of extortion,the crime of fraud and the concurrence theory of fraud and extortion.The doctrine of innocence regards the part of property demanded by the perpetrator as a lawful disposition of the family property shared by the perpetrator.The theory of extortion holds that the perpetrator makes use of false facts to cause spiritual coercion to his close relatives,which causes the victims of close relatives to dispose of property involuntarily and suffer losses.According to the theory of fraud,the fabricated kidnapping facts of the perpetrator caused the close relatives to have a wrong understanding and dispose of their property under the impetus of this wrong understanding.The theory of concurrence of crime of fraud and extortion holds that the behavior of the perpetrator causes both misconceptions and fears of close relatives,and two different viewpoints of concurrence of laws and imagination emerge in the concrete treatment.Although there is a lot of controversy about the nature of fictional kidnapping to close relatives,this paper argues that the above controversy can be solved by clarifying several key issues.Firstly,we should clarify whether the family property belongs to the object of the crime of embezzlement,secondly,we should recognize whether fictional kidnapping infringes the protection legal interests of the crime of kidnapping,and finally,based on the essential difference between the crime of fraud and the crime of extortion,we should clarify the nature of the behavior of fictitious kidnapping to solicit money from close relatives.Fictitious kidnapping of oneself for money from close relatives is a complex act,but to characterize it,we must grasp the essence of this act.Although fabricating the fact that he or she was kidnapped does cause the victim to have a wrong understanding,the victim’s intention of making property disposition is because of the actors’ coercive behavior,which makes the close relatives dispose of property involuntarily.Therefore,the nature of fabricating the act of kidnapping oneself for money from close relatives is extortion,but the application of the relatives clause should also be limited.