论绑架罪主客观构成要件

The Subjective and Objective Constitutive Elements of Kidnapping

绑架罪是侵犯公民人身权利、民主权利罪中一种特别严重的刑事犯罪,其构成复杂,在司法实践中表现出多样性。由于刑法对绑架罪罪状的规定较为原则抽象,司法实践中在认定绑架罪时,对绑架罪主客观要件的认识不尽一致。如何正确认定其主客观要件特征以及如何准确使用关系到当事人的切身利益,也是切实贯彻罪刑法定原则和罪责刑相适应原则的要求。

Kidnapping is a severe, crime of infringing upon citizen＇ s right of the person and democratic rights, and its＇ constitution is complicated and varies in judicial practice. Because the regulation of facts about the kidnapping crime is so pnncipled and abstract, when confirming a kidnapping in judicial practice, we always have different views on the subjective and objective constitutive elements of kidnapping. How to confirm the characteristics of the subjective and objective constitutive elements of kidnapping and how to use it accurately relate to the parties＇ interests, and also the requirements of practically implementing principles of punishment according to the laws and guilt coincident with responsibility and punishment.