On The Practice Of Kidnapping Crime

Kidnapping is a major violation of the rights and interests of other people,and because it has such a negative social impact,it is crucial for our criminal justice system to understand how to properly prosecute and punish those who commit this crime.The complete definition of abduction was first established in 1997 under Article 239 of the Criminal Law.However,since the crime was first punished,due to the general and ambiguous definitions of the crime of kidnapping,the theoretical and practical debate surrounding the act of kidnapping has continued unabated,leading to an unreliable and inaccurate identification of the crime in judicial practice.The crux of the debate centers on the variety and organization of behavioral means of kidnapping.The former refers to whether the crime is composed of a single act or a compound act,the latter refers to whether the scope of the means of kidnapping should be limited to violence,coercion,anesthesia or not limited to the above three methods,including deception,seduction and other means.Different answers to the above questions lead to the distinction between accomplished and attempted forms of kidnapping crime,the identification of joint crime of kidnapping crime and the distinction between kidnapping crime and other crimes,which lead to inconsistent trial results and affect judicial justice.As the cornerstone concept of crime theory,the act of execution plays an important role in many aspects,such as the establishment of crime,the definition of the unfinished form of crime,the joint crime and the distinction between this crime and other crimes.Therefore,the correct analysis and identification of the act of kidnapping crime is the key to solve the dilemma of judicial identification of kidnapping crime and realize the accurate application of the crime.Starting from typical cases in the judicial identification of kidnapping crime,this paper will clarify the controversial issues concerning the conduct of kidnapping crime,and then evaluate and analyze the relevant theoretical viewpoints on the conduct of kidnapping crime through combing the existing theories,so as to provide strong theoretical support for the identification of the conduct of kidnapping crime.First of all,the act of kidnapping is a single act.The legal interests protected by the crime of kidnapping are the personal rights and interests of others,specifically including personal freedom and physical safety.The theory of single act is consistent with the expression of the interests and laws of our kidnap crime protection law and supported by foreign legislative experience.The implementation of this crime does not include the acts of extorting property and other purposes.Secondly,the scope of the means of kidnapping crime is limited by means,which is explained as "violence,coercion,anesthesia and other means sufficient to suppress the victim’s resistance".The means of deception and seduction do not infringe on the victim’s personal freedom or physical safety,which cannot be the acts of kidnapping crime.Finally,the theory of single act can properly deal with the definition of the accomplished standard of kidnapping crime,that is,to form a stable strength control over the victim,the behavior actually infringes on the victim’s personal freedom and physical safety,and can reasonably answer the question of the establishment of the joint crime of kidnapping.Only the joint crime of the perpetrator and the former perpetrator which constitute the crime of kidnapping are added.The theory of assisting the crime of kidnapping and single act can realize the reasonable distinction between the crime of kidnapping and other crimes in the level of objective behavior.