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On Problems of Kidnapping in Practice

Author: LiYinTao
Tutor: ShiJingHai
School: Southwest University of Political Science
Course: Legal
Keywords: The crime of kidnapping Accomplished standard Kills the kidnapped person
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 50
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Abstract

The crime of kidnapping with serious social harm, criminal violations of civil liberty. Is also debating the theoretical circles, is difficult to identify a criminal judicial practice. Studies related to the theory of the crime of kidnapping, undoubtedly has greater theoretical significance and practical value. In this paper, on the basis of the previous theoretical research and the experience and lessons of the substantive departments of Justice, semantic analysis, comparative analysis method recognized the Accomplished standards Ryu and kidnapping controversial killing of the kidnapped people \depth exploration and a full demonstration the best micro cotton force trying to clarify the theoretical dispute to resolve judicial troubled. In addition to the introduction and conclusion, the text is divided into three parts. The first part, the basic situation of cases. By the kidnapping of Liu and the cause of action, the introduction of the case, summed up the focus of controversy in the case, namely kidnapping sin Accomplished standard identified problems with the kidnapping and killing was kidnapped people \From the focus of the dispute in this case we can be aware of the troubled and puzzled face of the crime of kidnapping in the judicial practice, can also be a reflection of the crime of kidnapping many theoretical issues debated, there is no authoritative conclusion embarrassing reality. The second part, kidnapping and Accomplished standard identified. Domestic criminal law scholars have a the three representatives point of view, said that to achieve the purpose, a single act and complex acts. Jurisprudence of kidnapping and object behavior, I believe that the object of the kidnapping and the right to self-determination, including the right to personal liberty and the third person of the kidnapping the objective behavior kidnapping and extorting money or property by the kidnapping of the behavior of others or made other illegal behavior composition, only the perpetrators from the hostage-taking behavior proposed illegal require two acts to set up the crime of kidnapping Accomplished, whether the perpetrator is to achieve its unlawful purpose, do not ask. The third part of the understanding of the crime of kidnapping in the killing of kidnapped people \Domestic criminal law scholars consequential offense, the aggravated offense combined with the guilty, inclusive guilty inclusive heavier guilty, graft several perspective. I believe that the level of criminal law theory, no amendment to the context of criminal law norms, regardless of the \defects have can not be avoided, or lack of legal basis, or the lack of a legislative basis, or the problem can not be resolved in a reasonable judicial practice, such as the killing of the kidnapped person attempted stops. Level of judicial practice, in the case of 刑法理论界 debating authoritative conclusion, the judiciary simply \killed the kidnapped person \confiscation of property \The fourth part, the study concluded. Summarizes the results of the discussions of the two controversial issues in the case, a number of recommendations for the judiciary in handling similar cases related problem, combined with the theoretical analysis of this paper, made two legislative inspiration for the future revision of the crime of kidnapping.

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