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On the Alleviative Circumstance of Kidnapping

Author: WangPeng
Tutor: HuangMingRu
School: Xiangtan University
Course: Criminal Law
Keywords: Kidnapping Less serious Sentencing
CLC: D924.34
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 0
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Abstract


Kidnapping because of its severe legal punishment has attracted scholars criticized in March 2009 introduced the \the following imprisonment, a fine , \The significance of this change is quite substantial. First, this modification not only makes the crime of kidnapping more coordinated relationship , but also the coordination of the entire penal system is enhanced with the world trend of Penalty consistent trend . Secondly , is the implementation of the criminal policy of combining punishment with leniency manifestation . Again, this change is the need for criminal law purposes . But for kidnapping making this a modification, academic or not the formation of kidnapping of the \To identify which situations are kidnapping of the \From the criminal law the crime of kidnapping , \less harmful is its fundamental characteristics . Therefore should be taken in the identification plus typical examples reveal all the details required , that is less harmful to society and the fact that factors related standards cited in this standard under several typical less serious situation. These situations include: first , although the actual control of the kidnapped person , but has not yet made ??extortion or other illegal requirement was arrested , or a smaller amount of property extortion ; Second , actual control of the perpetrator of the hostages , although extortion the large amount of property , but the property without obtaining the release of the hostages when the initiative to ensure the safety of the hostages ; Third, there is no fault of victims , and the greater the degree of fault situations . These circumstances must also be the victim of personal rights without causing more serious infringement or threat of infringement of the premise .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Violation of civil rights and democratic rights of crime
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