也论以危险方法杀人案件的定性

张明楷教授对“以危害公共安全的方法杀人不能认定为故意杀人罪 ,只能认定为危害公共安全的犯罪”这一通说提出了质疑。但是 ,通说是正确的、合适的。而张教授的观点存在两个方面的缺陷 :一是可能混同放火犯罪与故意杀人罪之间在犯罪构成上的区别 ;二是可能导致定罪量刑上的不统一。同时张的“否定说”的多数理由也是不能成立的。

Professor Zhang Ming-kai has challenged the general doctrine that “the homicide by using jeopardizing public security method cannot be characterized as a crime of intentional homicide, but a crime against public security'. However, the general doctrine is correct and appropriate. Prof. Zhang's idea has defects in the following two aspects: Firstly,it's likely to confuse the difference in the constitution of crimes between arson and crime of intentional homicide; Secondly,It is likely to result in inconsistency in punishment which fits the crime. What's more, many reasons of Prof. Zhang's “negative doctrine” are not logical.