绑架罪司法疑难问题的梳理与检讨

Judicial Issues on Crime of Kidnapping

刑法规定,行为人绑架被害人后又将其杀害的依绑架罪论处,绑架杀人的犯罪形态应是牵连犯;绑架后又对被害人抢劫的,应对绑架罪与抢劫罪予以数罪并罚;绑架罪包含了两个具体构成要件:敲诈勒索罪和非法拘禁罪。厘清绑架罪中的非法限制他人的人身自由,则是区分绑架罪与敲诈勒索罪的重要因素。

The criminal law provides that the person who kills the victim after kidnaping him should be punished for the crime of kidnapping. In this case, the offender is the implicated one. The person who rob the victim after kidnaping him, is to be punished for the two offences; kidnapping offense includes two concrete composing items： the offense of extorting and blackmailing and the offense of illegal imprisonment. Therefore, how to understand the deprivation of the person＇s freedom in the kidnapping offense is important to distinguish between kidnapping offense and the offense of extortion.