绑架罪中“杀害被绑架人”的再认识

Rethinking on Kidnapping of "the Killing of the Abducted People"

关于"绑架过程中杀害被绑架人"的性质,从罪数理论来看,其既不是结果加重犯,也不是结合犯,更不应归结为包容犯,而是数罪,应数罪并罚。另外,至于其发生阶段,自行为人开始着手实行绑架他人的行为直至不法要求实现的整个过程中,都存在杀害被绑架人的情况。

With regard to ＂the process of killing of kidnapped people who were kidnapped＂, the nature, in terms of the crime number theory, it＇s neither consequential aggravated crime nor guilty combined, and let alone boil down to accommodated crime, but multi-crime, should be penalized with multi-crimes. In addition, as for its happening stage, people beginning to implement their own kidnapping illegal acts to others until the requirements of the entire implementation process, there exists the fact of killing the abducted people.