绑架罪的既遂标准探析

On the Standard of Accomplishment of the Crime of Kidnapping

绑架罪的既遂标准问题实质就是对于绑架罪的客观行为要件与客体要件的判断问题。理论与实务上关于绑架罪的客观方面要件究竟为单一行为还是复合行为、客体要件应当是单一客体抑或复杂客体理解不一。“单一行为单一客体”的主张更有道理,绑架罪的客观方面只需具备绑架行为或偷盗婴幼儿行为,而其客体要件则为被害人的人身自由。

The essential matter of the standard of accomplishment of the crime kidnapping is the judgment of objective behavior element and the object element. 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. Opinion of ＂single act and single object＂ is more reasonable and the accomplishment of the crime of kidnapping requires the objective aspect of kidnapping or stealing of infants and the object element of victim＇s personal freedom.