Criminal Law Issues and Solutions

Author: Liu Shude
Publisher:
Publish Date: 2003-01-01
Features: Kidnapping is a relatively minor crime in the criminal law. In terms of practical judicial practice, kidnapping cases occur frequently. Due to legislative and judicial reasons, some difficulties have arisen in the conviction and sentencing of kidnapping crimes. The author of this book, based on the legislation and judicial practice of kidnapping crimes in China, conducts comprehensive theoretical research on kidnapping crimes. The main characteristics are as follows: , the analysis of difficult issues is thorough. Second, it cites more than 100 real cases for explanation, providing feasible guidance for the specific sentencing of kidnapping crimes. This book is divided into 10 chapters, mainly discussing the comparative study of legislative examples of kidnapping crimes, the basic constitutive elements of kidnapping crimes, the aggravated constitutive elements, single and multiple crimes, modified constitutive elements, the distinction between kidnapping crimes and other crimes, the statutory penalty configuration and application of kidnapping crimes, as well as related issues. When and why the judicial habit of "convicting lightly but sentencing leniently" formed seems to have not been thoroughly explored in academic literature. In the era of "governing the country according to law," especially after judicial fairness and judicial efficiency became the working themes of people's courts in the new century, it is perhaps imperative that sentencing should be given due attention.