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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 crime is a particularly serious criminal offense that infringes citizens’ personal right and democratic rights. It is complicated in composition and shows diversity in judicial practice. Since the criminal law has abstained from absurd rules on the crime of kidnapping, the understanding of the objective elements of the kidnapping crime is not consistent in the judicial practice when it is found that kidnapping crime. How to correctly determine the characteristics of its subjective and objective elements and how to accurately use them is of vital importance to the parties concerned and is also the requirement for the effective implementation of the principle of legally prescribed punishment for crimes and punishments.