绑架罪的既遂标准探究

绑架罪的核心问题不在于其较高的法定刑设置而在于既遂标准的界定。视绑架罪为目的犯，认为只要行为人具有索取财物等不法意图下的控制人质的行为就既遂的观点，必然导致绑架罪的法定刑过高，以及不能合理地解决绑架罪的未遂、中止等一系列问题，而《刑法修正案七》的修改也将是治标不治本。从法条的应有含义、绑架罪的历史沿革、绑架罪的法定刑设置，尤其从刑罚的根据可以得知，只有当行为人实施了绑架他人（或偷盗婴幼儿），并向第三方提出不法要求（包括索取财物）时，绑架罪才既遂。

on the Norm of Accomplishment of the Crime of Kidnapping

The core problem of kidnapping is not the setting of criminal punishment but on the norm of ac- complishment. It will inevitably lead to the too high setting of criminal punishment if the crime of kidnapping is considered the crime with purpose and will be accomplished only if the criminal control the hostage with the ille- gal intent to obtain money or the other. Also the attempted crime or the suspension of a crime can＇t be reason- ability resolved. The changes in ＂Criminal Law Amendment 7＂ will also not fundamentally solve the problem. From the deserved meaning of the article of law, the history of the crime of kidnapping, the setting of criminal punishment of the crime of kidnapping, especially from the nature of penalty, we can know that the crime of kidnapping is accomplished only when the perpetrators have kidnapped others （or stealing a baby or an infant）, and make the illegal requirements （such as require property）.