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The Case Research on Crimes with Hostage

Author: LuoJiangChuan
Tutor: ZhuJianHua
School: Southwest University of Political Science
Course: Legal
Keywords: Crime of unlawful detention Kidnapping Hostage Victim’s fault Executing convicted
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 49
Quote: 0
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Abstract

Since China starts to reform and open up, the society and economic developed fast. Even that, china now is still in the period of reforming, in which civil disputes are increasing. These civil disputes often lead to criminal behavior, which is famous of its criminal purpose and kidnapping means. The hostage crime consists of the crime of hijacking of aircraft , the crime of hijacking car or ship ,the crime of unlawful detention and the kidnapping. It’s difficult to tell the difference of kidnapping and the crime of unlawful detention .The paper mainly talks about that flow to identify the crime that including kidnapping victim then asking for something, it depends on behavior and the suspect’s subjective. If with the purpose of Extorting money or other unlawful reasons, it commits kidnapping. If with the purpose of dun for debates or family disputes, it does not commit kidnapping. Because the Criminal Code didn’t draw a clear claw about the crimes with hostage, it’s very difficult to deal with the problem. The result is, different judges take different opinions, the authority and consistency of Justice injured.The thesis takes the sample of real case happened in Sinkiang , with the view of judicial practice, discuss the difference of kidnapping crime and crime of unlawful detention, in order to settle the practical problem.The thesis consists of seven parts, including about twenty thousands characters.The first part is introduction, to introduce the main body.The second part is the cause of action and the case of false imprisonment.The third part is details of the case.The forth part is the focal points of the case.The fifth part is the different ideas about the case.The sixth part is the jurisprudential analysis of the case. This is the main body of the thesis. The author discusses in four ways. Firstly, the author explains the meaning of hostage. Secondly, the author estimates the behavior of getting money after kidnapping. Thirdly, the author analysis that which crime the suspect commits. Lastly, the author estimates the faulty of the victim’s husband.The seventh part is conclusion.

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