| Summary: | 碩士 === 中國文化大學 === 法律學系 === 102 === This paper discusses the motivation for practical insights and due to kidnapping for ransom doctrine have a different understanding, the main difference lies in the presence or absence of the protection of property crime legal interests.
In opinion of practice, the crime just purely attacks to the interest of freedom, but in doctrine, the crime attacks freedom and property both.
After chapter II I discuss the crime’s interest . In chapter III, I think that to construct the crime must need two elements, one is the intent to extort to someone, and the second is to abduct to someone. In our research , to extort is not just criminal’s intent but also the act. Because the crime also attacks the victim’s property. I also suggest that the intent to illegally possess must show in the law clearly.
I also discuss the difference between offense of kidnapping for ransom and considered to be committed the offense of kidnapping for ransom, if this two crime attack the same interest of law and have the same of elements to construct the crime, we can say that they are the same thing and may consider to delete one on law.
In the end of this paper, we discuss how to make a distinction between robbery and offense of kidnapping for ransom. Some says that offense of kidnapping for ransom is that the criminal of kidnapping one and extort the others. But I think that difference is offense of kidnapping for ransom has the highly degree of limitation to people’s freedom. So I think robbery and offense of kidnapping for ransom can be discriminated. There have no fuzzy space between them
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