Research On The Balance Of Crime And Punishment In The Legislation Of Kidnapping Crime

The crime of kidnapping is a very important crime in the chapter of the violation of personal relations and democratic relations in China’s criminal law.Since it was formally stipulated in the Criminal Code,there has been controversy about the appropriateness of the relationship between the crime and the punishment.The crime of kidnapping,as a long-standing crime,has been amended several times,but there are still problems in the current legislative provisions,such as semantic expansion,complex behavior structure,confusion in the provisions of the subject of criminal responsibility,and unclear provisions of relevant elements,which make the allocation of the legal penalty in the legislative provisions too heavy.As a crime not more serious than intentional homicide,robbery and other crimes,its statutory punishment allocation is far different from the above crimes,and even heavier than the statutory punishment allocation of intentional homicide,which ranks first in this chapter.It is not only a high starting point of the statutory punishment,but also a narrow range of sentencing.If the relationship between crime and punishment in the legislative provisions of the crime of kidnapping is not clarified and the unreasonable factors therein are corrected,then according to the principle of legality of crime and punishment,the judicial operation of the crime of kidnapping will also operate in accordance with the legislative provisions of the inappropriate relationship between crime and punishment,which will increase the criminal responsibility of some criminals,violate the principle of balance between crime and punishment,which is not conducive to protecting the human rights of some criminals,and is not conducive to practicing the criminal policy of combining punishment with mercy,It is even not conducive to the construction of the socialist rule of law system with Chinese characteristics and the progress of the rule of law society.Therefore,from the perspective of the constituent elements of crime,this paper uses case analysis,data analysis,and comparative analysis with similar crimes to discuss the problems of the relationship between crime and punishment in the terms of kidnapping crime.Guided by advanced theories such as the principle of balance between crime and punishment,the author explores the way to correct the current unbalanced relationship between crime and punishment of kidnapping crime and puts forward specific suggestions to make the legislative provisions and judicial application of kidnapping crime reach a balance between crime and punishment.