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抢劫罪是暴力侵财犯罪,构成抢劫罪既要求暴力的行为手段,又要求占有财产的主观目的,并且理论上还要求暴力手段与占有财物之间具有手段和目的之间的联系,并且在时空上还有要求。因此,实践中对抢劫罪的认定往往由于其行为与寻衅滋事的相似而变得困难许多。本文从一则案例入手,探讨在抢劫罪认定中的相关问题,以与非罪和寻衅滋事行为中的任意占用相区别。
The crime of robbery is a crime of violence and encroachment by money, constitutes a means of behavior requiring both violence and robbery, and also requires the subjective objective of possession of property. In theory, it also requires the link between means and ends of violence and possession of property, There are still requirements. Therefore, the practice of identifying the crime of robbery often becomes more difficult due to the similarities between its behavior and its provocation. This article starts from a case to discuss the related issues in the identification of robbery crime, and to distinguish it from any occupation in the behavior of non-crime and provocation.