Although Article 239 of the Criminal Law stipulates three situations that constitute the crime of kidnap-ping,there is only one type of behavior of"kidnapping others as hostages",so there is a unified construction of kidnapping behavior.Starting from the legislative evolution,normative basis and legal meaning,the estab-lishment of the crime of kidnapping requires the existence of a tripartite relationship between the perpetrator,the hostage and the third party.After the perpetrator controls the victim,the act of extorting property from the victim constitutes the crime of robbery,not the crime of kidnapping.The legislator embodies the tripartite re-lationship of the crime of kidnapping through the purpose of kidnapping,which determines that the kidnap-ping behavior can only be a single act.The harmfulness of kidnapping behavior(single act)is more signifi-cant than that of robbery behavior(compound act),so the claim that kidnapping behavior should be a com-pound act cannot be established from the statutory punishment of the crime of kidnapping.
Construction of Kidnapping BehaviorTripartite Relationship TheoryBipartite Relation-ship TheorySingle Act TheoryCompound Act Theory
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