Analysis On Hu And Other Kidnapping Cases

In the kidnapping cases caused by marriage and family disputes,the defendant in the stepson kidnapping case of hu was sentenced to five years in prison for the crime of kidnapping,the final trial of the nephew kidnapping case of wen was changed to the crime of illegal detention,sentencing for one year and six months,and the niece kidnapping case of zhou was sentenced to ten years in prison for the crime of kidnapping.The controversial points in the above-mentioned kidnapping cases mainly include: whether the perpetrator constitutes the crime of kidnapping,whether the action is accomplished,and whether the perpetrator is waiting for arrest at the scene to surrender.Through the analysis of hu and other kidnapping cases,it is concluded that the relative status of the kidnappers and the hostages does not affect the identification of the criminal subject.The subjective aspect of the kidnapping crime is not limited to the "unlawful requirements",The criminal object is the citizen's personal rights,the crime of kidnapping and the crime of illegal detention show different degrees of violence in objective terms,so the perpetrators of the crimes constitute a crime of kidnapping.Whether the abduction is accomplished is judged by the kidnapping act,not related to the purpose of the crime.The kidnapping crime should be based on whether the actor actually controls the victim.Kidnappings in such cases have thus been concluded.The jurisprudence basis of surviving on-site arrest is the dialectical unity of crime prevention and penalty economy.It is determined that there must be four conditions for surviving on-site arrest: non-passive on-site arrest,informed knowledge of others,and behavior when arrested obedience,confessing the thoroughness of the facts of the crime.Therefore,Hu in the case can be considered as a surrender on the spot,and Zhou cannot constitute surrender.Proposed to kidnapping "if the circumstances are relatively light" the legal punishment of the starting point to 3 years,and introduced the judicial cases caused by marriage and family disputes should be definite belong to "the lesser" plot,conditionally for probation,so more in line with this kind of crime in the judicial practice,which can effectively prevent blindly change qualitative case,and is more advantageous to the criminals return to society.