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,即一些基本理论问题则探讨不多。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。 The current kidnapping crime “less serious ” judgments, mainly focused on its extension, that is, the specific circumstances of the discussion, but “less plots ” connotation, that is, some basic theoretical issues are not explored. In theory, the crime of kidnapping “light plot ” belongs to the element of normative constitutional elements, which requires the judiciary to make certain value judgments. The basis of the judgment is the factual element that can influence the severity of the crime of abduction, and the criterion of judgment is the level and extent of the violation of the law and interests.