绑架罪中“杀害被绑架人”的罪数形态

摘要

绑架罪是一种社会危害性极大的暴力性刑事犯罪,理论界和实务界对此罪中的诸多问题存在着争议,＂杀害被绑架人＂的罪数形态问题即是其中之一。＂杀害被绑架人＂是绑架罪的加重结果,其罪数,一般共识是处断的一罪,这既考虑了司法价值判断,又考量了罪刑均衡的要求。%The crime of kidnapping a kind of violent criminal offences with great social harm. There are many con- troversies on the relevant problems both in theoretical and practical circles, one of which is the crime quantity of "killing the kidnapped person". "Killing the kidnapped person" is the aggravated result of kidnapping crime. Gen- erally ,we judge its crime quantity as convicting offense ,considering both judicial value judgments and the require- ments of the balance between crime and punishment.