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我国刑法与德国刑法中关于绑架罪的规定,既有相似之处,也存在差异。两国在绑架罪的基本类型上是相同的;关于绑架罪保护法益方面,我国可以将其确定为“公民的人身安危”而德国只能认定为“公民的人身自由”;两国在绑架罪的客观要件上存在重大差异;我国刑法只规定了绑架罪的基本法定刑和加重法定刑,而德国在这方面的规定有四个量刑档次。我们应当借鉴德国的立法经验,设置合理的绑架罪的罪刑阶梯。
The provisions of our criminal law and German criminal law on the crime of kidnapping have both similarities and differences. The two countries share the same basic types of abduction crimes; our country can define it as “citizen’s personal safety ” on the crime of kidnapping crime, and Germany can only be identified as “citizen’s personal freedom ”; two There are significant differences in the objective elements of the kidnapping crime in our country. The criminal law of our country only stipulates the basic legal punishment of kidnapping and aggravating the statutory punishment. However, Germany has four sentencing grades in this respect. We should learn from Germany’s legislative experience and set a reasonable crime and punishment ladder for abduction.