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立法中将绑架罪分为勒索绑架、人质型绑架以及偷盗婴儿勒索财物的做法存在着逻辑上的重复,应当将偷盗婴儿视为绑架人质的一种特殊形式。非法拘禁的行为方式往往可以作为绑架罪的行为方式,绑架罪其实是特殊的非法拘禁罪。将单纯对公民做出的威胁或强制性威吓行为定为胁迫罪是不妥的,会破坏刑法分则体系,司法实践上的认定也存在诸多困难。
There is a logical duplication in the legislation of kidnapping kidnapping for kidnapping, hostage-taking and stealing of baby’s extorting possessions, and stolen babies should be regarded as a special form of hostage-taking. Unlawful detention can often be used as a pattern of kidnapping crime, kidnapping is actually a special crime of illegal detention. It is improper to treat the threat of a citizen as a crime of coercion alone or as a threat of coercion, which will undermine the system of the system of criminal law points. There are also many difficulties in the judicial practice.