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对我国刑法第150条第2款规定的“致人死亡”应如果理解,是仅指过失致死,还是亦包括故意杀人,目前理论界的认识尚不统一。缘于这种不统一,审判实践中对以故意杀人为手段的抢劫行为,在定罪上亦有较大差别,如有只定抢劫罪或故意杀人罪一罪的,也有分别定抢劫罪和故意杀人罪两罪而实行数罪并罚的。认识上的众说纷纭,在一定程度上导致了人们思想上的混乱;执法上的不一致,更是影响了我国法律的严肃性,损害了法院判决的公正和
As to the “death caused by people” stipulated in Paragraph 2 of Article 150 of the Criminal Law of our country, if it is understood that it only refers to negligent death or does it involve intentional homicide, the current understanding of theorists is not uniform. Due to this inconsistency, there are great convictions in the trial of robberies committed by means of intentional homicide. If there is a crime of only robbery or intentional homicide, there are also separate crimes of robbery and intentional Two crimes of murder and the implementation of several crimes and punishments. To a certain extent, people’s opinions are confused. The inconsistency in law enforcement also affects the seriousness of our law and undermines the fairness of the court’s judgment.