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抢劫罪历来都是司法实践中发案率较高的一种犯罪。既侵犯公私财产权利,又侵犯被害人的人身权利。以其性质严重性和高发性,历来为我国刑法重点打击。《刑法》第263条对此作了一个较具体的规定。但由于立法对文字的简洁性、概括性的要求,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。本文试选择几个对定罪量刑有着重要影响且具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 has always been a crime of high crime incidence in judicial practice. Both violate the rights of public and private property, but also infringe upon the victim’s personal rights. Due to its seriousness and high incidence, it has always dealt a heavy blow to criminal law in our country. Article 263 of the Criminal Law sets forth a more specific requirement. However, due to the conciseness and generality of the 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. This article attempts to select several issues that have a significant impact on conviction and sentencing and which are in dispute. With a view to the actual work of some benefit.