Object element
The object violated by this crime is a complex object, including others' personal freedom, health, life and all rights of public and private property. Because the perpetrator kidnapped others by violence or coercion, it directly endangered the life and health of the victim. In judicial practice, actors often threaten to hurt victims and force their families to pay ransom; In the process of kidnapping, victims are often abused, seriously injured or even killed; Others will hurt the victim first and then extort property. Lawmakers put kidnapping others in the chapter of crimes against citizens' personal rights and democratic rights, which shows that they also attach importance to the protection of citizens' personal rights. This kind of crime is actually a very rampant "kidnapping" behavior in the old society, which disappeared after the founding of New China, and reappeared in recent years, with a developing trend and great harm to society. In order to effectively punish this crime, the criminal law lists the crime of kidnapping as a single charge. The object of this crime is "others". "Others" includes both women and children and people other than women and children.
Objective elements
Objectively speaking, it is an act of kidnapping others by violence, coercion or other means. "Violence" means that the perpetrator directly binds the victim, gags, blindfolds and sacks, or hurts and beats the victim. "Coercion" refers to mental coercion of the victim or threats of violence to the victim and his family. "Other methods" refers to methods other than violence, such as using drugs, drunkenness and other methods to make the victim in a coma. The common feature of these three kinds of crimes is that the victim is in a situation where he can't resist or dare not resist, and illegally abducts the victim from his residence or location and puts him under the direct control of the perpetrator, making him lose his freedom of action. The law only requires the perpetrator to have one of the means of kidnapping others, which constitutes this crime.
Theme element
The subject of crime is the general subject. On the question of whether a person who has reached the age of 14 and is under the age of 16 should bear criminal responsibility for this crime, some scholars believe that anyone who has reached the age of 14 and has the ability to be responsible can constitute 1. We believe that the eight charges stipulated in the second paragraph of Article 17 of the Criminal Law refer to specific criminal acts, not specific charges. According to the principle of a legally prescribed punishment for a specified crime and the provisions of Article 17, paragraph 2 of the Criminal Law, a person who has reached the age of 14 and under the age of 16 only participates in kidnapping, but does not participate in killing or injuring the kidnapped person, which does not constitute intentional homicide or intentional injury causing serious injury or death as stipulated in Article 17, paragraph 2 of the Criminal Law, and minors are not criminally responsible for such kidnapping. However, his parents or guardians should be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government. If the kidnapped person is killed or injured in the process of kidnapping (causing serious injury or death), he shall be investigated for criminal responsibility for intentional homicide and intentional injury.
subjective factor
Subjective aspect is composed of direct intention, with the purpose of extorting property or taking hostages. "Kidnapping others for the purpose of extorting property" refers to forcibly hijacking others by means of violence, coercion or anesthesia, threatening to kill, killing or not returning the hostages, and ordering relatives and friends related to the hostages to hand over certain property within a certain period of time. The "property" here should be understood in a broad sense, not only money, but also other property interests. "Kidnapping others as hostages" refers to taking others as hostages for political purposes, evading capture or asking judicial organs to release criminals.
Second, the criminal responsibility of the crime of kidnapping
According to the first paragraph of Article 239 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. Whoever commits the crime mentioned in the preceding paragraph, resulting in the death of the kidnapped person or killing the kidnapped person, shall be sentenced to death and confiscated property. Whoever steals a baby for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs.