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抢劫罪是一种严重侵犯人身权利、财产权利的犯罪,历来为我国刑法重点打击。但由于立法对文字简明性、概括性的要求,使得法条不可能明确而全面地表述所有实际情形。对于抢劫罪的许多方面,历来多有讨论,首先,在罪与非罪方面,因为涉及是否需要立案、采取侦察措施、提请逮捕、起诉等问题,因而是个首要问题。本文试选择几个对定罪有着重要影响且有争议的问题加以讨论,以期对实际工作有所裨益。
The crime of robbery is a crime that seriously infringes upon the rights of the person and the property and has always dealt a heavy blow to our country’s criminal law. However, due to the conciseness and generality of legislation in the legislation, it is impossible for the law to explicate all the actual situations explicitly and comprehensively. There have been many discussions on many aspects of the crime of robbery. First of all, in the area of crime and non-crime, it is a matter of primary concern as it involves the need to file a case and take scrutiny measures to bring about arrests and prosecutions. This article attempts to select several issues that have a significant impact on the conviction and to discuss them, with a view to the actual work.