危害人类罪是一个比较有争议的罪名,尤其关于危害人类罪和武装冲突之间的关系,即危害人类罪到底要不要武装冲突要件?本文通过对危害人类罪的发展历史的纵向考察和对《罗马规约》的横向分析,认为危害人类罪的武装冲突要件的观点已经被历史和现今的国际实践所摒弃,故本文认为我国对危害人类罪的武装冲突要件的保留已经不合时宜,我国应当尽快撤销这种保留,为加入《罗马规约》迈开第一步。 It is a more controversial offense to crimes against humanity, especially regarding the relationship between crimes against humanity and armed conflicts, that is, whether crimes against humanity need the elements of armed conflicts. In this paper, through a longitudinal study of the history of the crimes against humanity, Therefore, this article considers that our country’s reservation to the elements of armed conflicts that endanger crimes against humanity is outdated and that our country should withdraw this as soon as possible. However, as we all know from the horizontal analysis of the Rome Statute, the viewpoints of the elements of armed conflicts that endanger crimes against humanity have been abandoned by the historical and current international practices. Reservation, take the first step towards acceding to the Rome Statute.