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.

As the right of personal freedom violated by the crime of kidnapping includes the hostage s right of body movement freedom and the third party s right of decision freedom,the crime of kidnapping is a compound but simple behavioral crime,namely its finished state consists of detaining hostages and raising illegal requests.

The standard of accomplished offense of the crime of kidnapping is that kidnapping behavior substantially controls the hostage and actually puts the hostage under the control of the kidnapper.

Theoretical and practical difference concerning the crime of kidnapping is whether the objective aspects of it is a single act or compound acts,and the object of the crime is a single object or complex object.

According to the penal provision,it is called kidnapping crime that the criminal killing the victim after kidnapping,and the kidnappinga nd killing should be implicated offender;but it is cumulative punishment that the criminal robbing the victim after kidnapping.

The kidnapping crime act of a perpetrator is a sole behavior,and the standard of judging it is whether the perpetrator controls the victim.

With regard to the action of robbing the victim s possessions in the course of kidnapping crime, Because criminal commits two kinds of completely different criminal requisites facts based on different criminal intents, who should adopt combined punishment for kidnapping crime and robbing crime.