略论认定绑架罪“情节较轻”的几个理论问题

当前绑架罪“情节较轻”的判断．主要集中在对其外延,即具体情形的探讨上,但对“情节较轻”的内涵。即一些基本理论同题则探讨不多。在理论上,绑架罪“情节较轻”属于规范性构成要件要素,需要司法者进行一定的价值评判。评判的基础是能够影响绑架罪罪质轻重的事实要素,评判的标准则是法益侵害的层次和程度。

On Theoretical Problems of Confirming Slight Plot in Kidnapping

At the present, the judge of slight plot in kidnapping mainly focuses on it＇s extension, that＇s the discussion of specific situation, but there is less discussion on its connotation, that＇s some basic theoretical problems. Theoretically speaking, slight plot in kidnapping belongs to the element of normal composition and needs law-officer＇s value judge. The judge base is the fact element wbich can affect the degree of kiduapping, and the judge standard is the level and degree of trespassing legal interest.