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一、非法占有目的的含义抢劫罪是侵犯财产犯罪,但抢劫罪往往伴随暴力和威胁,所以在日本刑法中被称之为强盗罪。我国《刑法》将抢劫罪归入侵犯财产犯罪中。因此,理论上和司法实践上均认为,构成抢劫罪要求被告人有非法占有财物之目的,如果不具备非法占有之目的,不能认定为抢劫罪。可以说,抢劫罪也属于目的犯之一。刑法上的目的犯,是指以特定目的作为主观构成要件要素的犯罪。其中的特
First, the meaning of the purpose of illegal possession Robbery is a crime of property crimes, but often accompanied by violence and threats of robbery, so in Japanese criminal law is called robbery. China’s “Criminal Law” criminalizes robbery into property crimes. Therefore, both in theory and in judicial practice, it is considered that the crime of robbery requires that the defendant has the purpose of illegally possessing property and can not be identified as robbery if it does not have the purpose of illegally possessing. It can be said that robbery is also one of the purposes of crime. The criminal purpose of criminal law, refers to a specific purpose as a subjective element of constitutional crime. One of the special