中文摘要：

擄人勒贖罪在我國刑罰體系中，屬於非常嚴重的犯罪，但在學說及實務上，卻對擄人勒贖罪的構成要件，有著極大差異的認知，因此本文試著從擄人勒贖罪之本質，以及該罪在刑法上之體系出發，同時參酌立法沿革史及德國、日本之立法例，配合「合憲性解釋」，重新解構擄人勒贖罪之構成要件應有的面向。
擄人勒贖罪爭議眾多的原因，本文認為是法條文字規定為「意圖勒贖而擄人者」過於簡略，使得實務審判上難以和強盜罪作明確的區別。因此，本文認為，擄人勒贖罪應以三面關係為基本架構，即客觀構成要件上，不僅要有「擄人」行為，尚須有「勒贖」行為；同時，「被勒贖人」必須限於「被擄人以外之第三人」，如此解釋擄人勒贖罪之構成要件，才能明確地與強盜罪作區分，並且解決學說及實務上的各種爭議。
最後，擄人勒贖罪在2014年6以18日經立法院修正，但修正的部分，只有將法定刑中的「死刑」刪除，對於構成要件的條文規定，仍維持不變，徒留遺憾。為了提供立法者將來修法時之參考，本文試擬修正草案為「意圖為自己或第三人不法之所有，擄人後向第三人勒贖而使第三人為財產上之處分者，處無期徒刑或七年以上有期徒刑。」以徹底杜絕實務與學說之爭議。

英文摘要：

The Crime of Kidnapping for Ransom is an extremely serious offence in the nation’s criminal system, however extreme differences exist between theory and practice in the perception of the constitutive requirements of the crime of kidnapping for ransom. Thus, this paper attempts to once again deconstruct the necessary constitutive requirements of the crime of kidnapping for ransom based on the nature of the crime itself, as well as the systematic starting point of the crime according to criminal law, while at the same time making reference to historical legislative origins and legislative cases in Germany and Japan, combined with constitutional interpretations.
According to this paper, the cause of controversy regarding the crime of kidnapping for ransom is considered to be the oversimplified and brief legal text detailing the crime as, “those who intentionally hold somebody to ransom and kidnap people”. This means that making a differentiation with the crime of robbery is difficult in practice during a trial. Therefore, this paper believes that the crime of kidnapping for ransom should be composed of three aspects that are impartial constitutive requirements. Not only is it necessary to have exhibited behavior of “kidnapping people”, it is also necessary to have exhibited “ransoming” behavior. At the same time, the “ransomed individual” must be restricted to “a third party other than the kidnapped individual”. Only by interpreting the constitutive requirements for the crime of kidnapping for ransom in such a way can we clearly differentiate this crime from the crime of robbery, as well as solve various controversies with regards to theory and practical application of the law.
Finally, the crime of kidnapping for ransom was amended by the Legislative Yuan on June 18, 2014, but the amended portion was only a deletion of the statutory “death penalty” from the judgments. Regretfully no changes were made to the provisions of constitutive requirements. To provide a source of reference for future amendments by legislators, as well as to eliminate entirely any controversy between theory and practice, this paper suggests an amended draft to read, “Any person who’s intended aim is the unlawful gain for oneself or a third person, who engages in the act of ransoming a third person in order to make the third person dispose of assets after a kidnapping takes place shall be sentenced to life imprisonment or an imprisonment term of seven years or longer”.
 

資料來源：

台灣博碩士論文知識加值系統