论抢劫罪的手段行为
发布时间:2018-09-07 16:43
【摘要】:抢劫罪是我国刑法财产犯罪中的一个重要罪名,在我国的刑法学说理论中对于抢劫罪手段行为存在的问题的争议还是没有有力的统一的观点。立法和司法解释对抢劫罪手段行为的规定也存在一定的矛盾。抢劫罪与其他相似罪名之间存在模糊地带,也影响实践中对抢劫罪的定罪和量刑。对抢劫罪手段行为相关问题的深入研究,有助于司法实践中正确定罪和量刑。本文对抢劫罪的手段行为的程度限制、侵犯权利范围等方面存在的争议进行了研究并提出了相应的观点和建议。本文正文分六个部分: 第一章:抢劫罪的行为概述。先比较了国内外对抢劫罪行为的定义,分析了每种定义的合理性和存在的问题。后介绍了抢劫罪的行为的分类,对狭义的抢劫罪的行为分为手段行为和目的行为。 第二章:抢劫罪手段行为的程度。对抢劫罪手段行为的下限和上限程度的争议和学说进行了比较,分析了各种学说的合理之处并对抢劫罪手段行为的上限和下限限制提出了自己的观点。 第三章:抢劫罪手段行为侵犯的对象和权利范围及其定义。对抢劫罪的暴力和胁迫手段侵犯的对象包含与被劫财人情感上有利害关系的第三人的合理性进行了分析论述。对抢劫罪侵犯人身权的范围进行了限制。最后总结提出了抢劫罪手段行为的定义。 第四章:抢劫罪手段行为中的暴力手段。对抢劫罪的暴力手段的定义及种类进行了分析和论述,并对暴力作用在人身时与抢夺罪的区分做了比较研究,提出了区分两种相似罪名的方法。 第五章:抢劫罪手段行为中的胁迫行为。对抢劫罪胁迫方式的本质做了研究,对不同方式的胁迫是否属于抢劫罪中的胁迫手段进行了分析研究。比较研究了抢劫罪中的胁迫手段与敲诈勒索罪和绑架罪的行为的区别。 第六章:抢劫罪手段行为的其他方法行为。比较了国内外抢劫罪是否有其他方法手段的规定以及探讨了其他方法手段包含了哪些方法。对具有争议的几个关于抢劫罪其他方法手段的案例进行了分析,并找出了区分方法。
[Abstract]:The crime of robbery is an important charge in the property crime of our criminal law. In the theory of criminal law of our country, there is still no strong unified point of view about the problem existing in the behavior of the means of robbery. There are some contradictions between the legislation and the judicial interpretation of the crime of robbery. There is a fuzzy zone between robbery and other similar charges, which also affects the conviction and sentencing of robbery in practice. The in-depth study on the behavior of robbery means is helpful to the correct conviction and sentencing in judicial practice. In this paper, the author studies the limitation of the means of robbery, the scope of infringement of rights and so on, and puts forward the corresponding viewpoints and suggestions. The text of this paper is divided into six parts: chapter one: summary of the behavior of robbery. Firstly, the definition of robbery at home and abroad is compared, and the rationality and problems of each definition are analyzed. After that, the author introduces the classification of the crime of robbery, and classifies the act of robbery in a narrow sense into the act of means and the act of purpose. Chapter two: the degree of robbery. This paper compares the disputes and theories of the lower limit and the upper limit of the act of robbery, analyzes the reasonableness of various theories, and puts forward his own views on the limit of the upper and lower limit of the act of robbery. Chapter three: the object and the scope of right of the crime of robbery. This paper analyzes the rationality of the third party who has an emotional interest in the object of violence and coercion in the crime of robbery. The scope of the crime of robbery against the right of the person is restricted. Finally, the definition of robbery means is put forward. Chapter four: the violent means in the act of robbery. This paper analyzes and discusses the definition and types of the violent means of robbery, and makes a comparative study on the distinction between the violent action in person and the crime of robbery, and puts forward the methods to distinguish two similar crimes. Chapter five: coercion in the crime of robbery. This paper studies the nature of robbery coercion and analyzes whether different forms of coercion belong to the means of coercion in robbery. The difference between coercion, extortion and kidnapping in robbery is compared. Chapter six: other methods of robbery. This paper compares whether there are other methods and means in the crime of robbery at home and abroad, and discusses which methods are included in other methods. This paper analyzes several controversial cases about other methods and means of robbery, and finds out the distinguishing methods.
【学位授予单位】:烟台大学
【学位级别】:硕士
【学位授予年份】:2014
【分类号】:D924.35
[Abstract]:The crime of robbery is an important charge in the property crime of our criminal law. In the theory of criminal law of our country, there is still no strong unified point of view about the problem existing in the behavior of the means of robbery. There are some contradictions between the legislation and the judicial interpretation of the crime of robbery. There is a fuzzy zone between robbery and other similar charges, which also affects the conviction and sentencing of robbery in practice. The in-depth study on the behavior of robbery means is helpful to the correct conviction and sentencing in judicial practice. In this paper, the author studies the limitation of the means of robbery, the scope of infringement of rights and so on, and puts forward the corresponding viewpoints and suggestions. The text of this paper is divided into six parts: chapter one: summary of the behavior of robbery. Firstly, the definition of robbery at home and abroad is compared, and the rationality and problems of each definition are analyzed. After that, the author introduces the classification of the crime of robbery, and classifies the act of robbery in a narrow sense into the act of means and the act of purpose. Chapter two: the degree of robbery. This paper compares the disputes and theories of the lower limit and the upper limit of the act of robbery, analyzes the reasonableness of various theories, and puts forward his own views on the limit of the upper and lower limit of the act of robbery. Chapter three: the object and the scope of right of the crime of robbery. This paper analyzes the rationality of the third party who has an emotional interest in the object of violence and coercion in the crime of robbery. The scope of the crime of robbery against the right of the person is restricted. Finally, the definition of robbery means is put forward. Chapter four: the violent means in the act of robbery. This paper analyzes and discusses the definition and types of the violent means of robbery, and makes a comparative study on the distinction between the violent action in person and the crime of robbery, and puts forward the methods to distinguish two similar crimes. Chapter five: coercion in the crime of robbery. This paper studies the nature of robbery coercion and analyzes whether different forms of coercion belong to the means of coercion in robbery. The difference between coercion, extortion and kidnapping in robbery is compared. Chapter six: other methods of robbery. This paper compares whether there are other methods and means in the crime of robbery at home and abroad, and discusses which methods are included in other methods. This paper analyzes several controversial cases about other methods and means of robbery, and finds out the distinguishing methods.
【学位授予单位】:烟台大学
【学位级别】:硕士
【学位授予年份】:2014
【分类号】:D924.35
【参考文献】
相关期刊论文 前10条
1 凌瑞金;;浅析中日抢劫犯罪[J];长沙铁道学院学报(社会科学版);2008年01期
2 刘e,
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