Research on the Action of Extortion after the Murder by the Kidnap Whose the Problems of Crime Number
|Keywords||Crime number Imagine competing The Rope Wealth in the kidnapping and murder Combined Punishment|
The The crime number problem has always plagued 刑法理论界 and judicial practice of many scholars, scholars in the application of criminal law to deal with various cases, interpretation applies, resulting in different angles based on ambiguous or differences in understanding the provisions of Law theorists and scholars divided the awareness of the problem of the perpetrator crime number, also caused by the judgments of the controversial judicial practitioners and scholars on the behavior of the perpetrator of one crime or several crimes. Complex subjective state of mind and behavior of the structure of the behavior of people in the case, it will cause a fierce dispute on the the sin number of basic problem. With our people the concept of the rule of law, awareness of rights and justice attitude gradually strengthen judicial practice solve crime number is not simply solve the technical problems of criminal justice, but at the same time you want to Modesty address public opinion, judicial and legislative interpretation problems that may occur. , Described the existence of a series of controversial issues in the kidnapping and murder case perpetrator as the basis, the process of comprehensive analysis and qualitative in Sok fiscal behavior after the killings kidnapping case crime number, combined with the use of the criminal law theory analysis process triggered thoughts and enlightenment further controversy Detailed Analysis, and strive to deal with similar cases in the future judicial real pragmatic jurisprudence elaborated with reference and reference. This paper is divided into three parts: The first part of this article To analyze this behavior Lin brief kidnapping and murder case, and theorists and judicial practice staff summarize the focus of controversy Lin kidnapped homicides and This paper discusses the problem of limited introduction. Different views on qualitative case acts Lin mainly in the following aspects: to constitute the crime of kidnapping; intentional homicide and extortion. Based on the purpose and length of this writing, will discuss the issues to qualify for the behavior of human sin number identified theory, sin has nothing to do with the case number theory is not discussed. The second part of this paper is to describe the kidnapping and murder Rope Wealth behavior to be analyzed in this paper, followed by cases of kidnapping and murder case relying Sok fiscal behavior sin different insights to start from the kidnapping and murder, kidnapping and murder Rope Wealth the behavior of the crime number different views on a comprehensive assessment of the character of the act and concluded: I believe that the behavior kidnapped Sok Choi's behavior after the killings should be intentional homicide combined punishment of crimes and extortion, kidnapping and murder cable fiscal The causality, legislative language of this to make scientific and rational Comment; analyze the behavior of the Sok fiscal kidnapping and murder last from subjective knowing and objective aspects of the behavior of people identified in the judicial practice. The third part of this article is to elaborate on the behavioral counts in the case and the crime number from two levels of judicial practice and theory of criminal law. Nature of harm from the perpetrator, the object and comprehensive perspective of its actions are consistent with criminal law elements of the crime of intentional homicide and extortion. The judge thought the case analysis, and based on the above analysis of causality perspective that the perpetrator's criminal acts constituted intentional homicide and extortion, and should be combined punishment from harmful behavior, based on traditional crime number.