Analysis On The Determination Of The Crime Of Kidnapping And Defrauding Children

Article One hundred and sixty-two of the Criminal Law establishes the crime of abducting children,which stipulates the characteristics of the crime of abducting children and its statutory punishment with simple counts.The element of simple charges is not easy to understand and grasp,resulting in the inaccurate nature of the crime of child abduction in judicial practice.The definition of specific crime in Criminal Law is to provide a basis for evaluating the nature of criminal acts and to guide the behavior of ordinary people.If the criminal law can’t provide the standard of norm and accuracy,it will make it difficult for the ordinary people to predict the nature of their behavior,and it will make the judge appear the contradictory judgment when hearing the case.The main body of this article is divided into four chapters,which discuss the element of the crime of abducting children and its controversial issues in judicial practice.The first chapter compares and analyzes the three typical cases of the crime of child abduction collected by the Chinese judicial documents network to extract the focus of the case.The second chapter introduces various viewpoints of the theory on the object of the crime of abducting children and the understanding of the family relationship in the object of the crime of abducting children,and whether the defect of custody and low-level custody can prevent the illegality of child abduction.The third chapter mainly analyzes whether the criminal motive is the element element of the crime of abducting children and the knowledge content of the perpetrator.The Fourth Chapter is the focus of this article.It discusses the range of the crime means and the definition of the completed form of the crime.According to the above analysis,the core of the crime of child abduction or element is the transfer of the child’s subordination under the guardianship of the Guardian.The crime of abducting children is a relatively light penalty in the criminal law,different from the crime of abducting and selling women and children.The crime of abducting children,as a supplementary crime of abducting and selling women and children,is not paid much attention to.This article takes the precedent as the starting point,using the method of Case Analysis and literature search,this paper analyzes the essential elements of the crime of abducting children,such as the object of the crime,the motive of the crime,the content of the subjective knowing,the means of the crime and its completed form,on the basis of the current Criminal Law,the theory of Criminal Law is used to solve the related problems.The general theory of Criminal Law is the foundation of the Science of Criminal Law.In the case that the element elements of specific charges in criminal law are in doubt,we should not only study the existing theories of specific charges in Criminal Law,we should also supplement the theories of criminal law from the angle of the general theory of Criminal Law,and solve the problems by using relevant theories on the basis of not breaking through the current Criminal Law.Above is the author immature viewpoint,hoped to abduct the child crime in the judicial practice qualitative to have the help.