绑架罪疑难争议问题研究

The Knotty Problems Research into the Crime of Kidnapping

绑架罪的法益是公民的人身自由;绑架罪既遂的标志是绑架行为的完成;绑架罪是继续犯;绑架过程中劫走被绑架人财物,即使数额巨大,也不能以抢劫罪判处死刑;杀人未遂或者重伤的即使造成严重残疾,也不能以故意杀人罪或者故意伤害罪判处死刑;对绑架罪不应配置死刑,应借鉴日本刑法第二百二十八条之二的规定,增设基于释放被绑架人而减轻其刑的规定;应废除关于为索取法律不予保护的债务而非法扣押、拘禁他人定非法拘禁罪的司法解释。

The law benefit of the crime of kidnapping is citizen＇s freedom of person. The indicate of accomplished offense is accomplishment of kidnapping act. The crime is continuous crime. During the kidnapping even someone has robbed the person who is kidnapped of immense amount of treasure, he can＇t be put to death according to the crime of pillage. If someone makes attempt of murder or injured others heavily, he also can＇t be put to death according to the crime of intentional homicide or the crime of willful and malicious injury. We shouldn＇t dispose of death penalty to the crime of kidnapping and use the experience of Japanese Criminal Law, Article 228,Section 2 for reference and add the enact on account of setting the person who is kidnapped free and reducing a penalty. And the judicial interpretation of the crime of false imprisonment should be abolish which is about claiming debt which isn＇t nroteeted bv law and lewino on and Duttinu others under arrest illeuallv.