对刑法第239条罪名确定问题的再思考

Reconsideration of the accusation of the crime defined in the 239th term of the criminal law

  • 摘要: 从法律渊源和法理学角度进行分析,刑法第239条罪名应设定两个:绑架勒索罪和劫持人质罪,两罪有其相应的犯罪构成及适用范围。

     

    Abstract: Analysed from the origin of the law and the point of view of jurisprudence, the crime defined in the 239th term of the criminal law should be accused of as two:kidnapping somebody for extortion and holding hostage,for each of them has its own constitution of crime and suitable scopes.

     

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