搶劫罪加重犯研究
發(fā)布時間：2019-07-05 20:11
【摘要】：搶劫罪是社會上最為常見，并且危害性極大，影響極其惡劣的犯罪行為，這種行為嚴重損害了公民的人身權(quán)利和財產(chǎn)權(quán)利。一直以來都是刑法重點打擊的對象。我國1997年頒布的現(xiàn)行刑法將搶劫罪從犯罪手段、犯罪地點、犯罪結(jié)果、犯罪對象、犯罪數(shù)額和次數(shù)上等多方面進行了不同的分類，于此同時對搶劫罪的加重犯在量刑上也做了區(qū)別于搶劫罪基本犯的規(guī)定，加重了刑罰。本文針對現(xiàn)行刑事立法和刑事司法解釋，對搶劫罪的八種加重情節(jié)進行了深入系統(tǒng)的分析和論證，但本文不是單純的討論、解決每種情節(jié)中在實踐上遇到的各類具體、細小的問題，而是將加重犯的相關(guān)理論與實務(wù)充分結(jié)合起來，并列舉相關(guān)案例，來發(fā)現(xiàn)問題，解決問題。本文總共分為六個部分。 論文的第一部分是加重構(gòu)成犯罪的概念與特征。因為本文是要對搶劫罪的加重犯進行研究，所以在對每一情節(jié)進行研究之前有必要對加重犯的相關(guān)問題有深入的了解。加重構(gòu)成是指在基本犯的構(gòu)成的基礎(chǔ)上具有了加重要件的一種相對獨立的犯罪構(gòu)成形態(tài)。加重構(gòu)成犯罪的特征主要是明確加重構(gòu)成犯罪與基本犯罪構(gòu)成的關(guān)系，通過比較得出加重構(gòu)成犯罪是獨立于基本犯罪構(gòu)成的。對加重犯的分類研究是非常必要的，因為論文接下來的五個部分，分別根據(jù)加重犯的不同分類分別進行研究。加重犯的分類有很多種，筆者結(jié)合搶劫罪的八種加重情節(jié)，將加重犯分為五個類型，然后將搶劫罪的八種加重情節(jié)按照各自的特點放在不同的加重犯類型中進行研究。 論文的第二部分為搶劫罪的結(jié)果加重犯，主要研究搶劫致人死亡的爭議問題。首先是探討搶劫致人死亡的罪過形式，這一部分爭議最大的是搶劫致人死亡是否包含故意殺人，筆者贊同肯定說的觀點，認為應(yīng)當包含故意殺人，但不意味著贊同所有在實施搶劫時，，殺害被害人的行為都認定為搶劫罪加重犯，應(yīng)對其進行限定。接下來是論述搶劫致人死亡中“人”的范圍，關(guān)于是否包含同案犯，筆者認為根據(jù)法定符合說得出的觀點更可取。 論文的第三部分主要研究搶劫罪對象加重犯，首先對作為犯罪對象的金融機構(gòu)、軍用物資等如何認識與界定進行了論述。其次，探討了行為人在實施搶劫過程中對犯罪對象在主觀上的認識與界定本罪之間的關(guān)系，筆者認為行為人應(yīng)該對搶劫對象達到明知的程度，無論是金融機構(gòu)還是軍用物資，根據(jù)主客觀相一致原則，行為人必須明知其所搶劫的對象。 論文的第四部分是搶劫罪的手段加重犯，對搶劫罪中作為手段加重犯的持槍搶劫與冒充軍警人員搶劫的行為方式進行了系統(tǒng)的分析。在持槍搶劫中，對“槍支”的界定與“顯示”行為的理解進行了詳細的探討。關(guān)于持假槍搶劫問題，根據(jù)刑法解釋原理及刑法基本原則，筆者認為持假槍搶劫不應(yīng)包含在“持槍搶劫”中。對于持槍搶劫這一犯罪行為中的“持有”，筆者認為只要是行為人隨身攜帶，并且明知自己攜帶槍支就應(yīng)構(gòu)成“持槍”這一加重構(gòu)成要件。在冒充軍警人員搶劫中，對“冒充”的理解以及真正軍警人員實施搶劫也存在很大爭議，根據(jù)不同的學(xué)說觀點，從行為的社會危害性及對受害人的強制性角度出發(fā)，筆者更贊同當真正軍警人員公開自己身份實施搶劫時不應(yīng)將其作為搶劫罪的加重犯的觀點。 論文的第五部分是搶劫罪的地點加重犯，先對地點加重犯的概念與特征進行了論述。之后以入戶搶劫與在公共交通工具上搶劫為例，對作為犯罪地點的“戶”與“公共交通工具”的特征進行了探討，通過論述加重構(gòu)成犯罪是否具有未完成形態(tài)來對“入戶搶劫”是否存在未完成形態(tài)進行了研究。 論文的第六部分是搶劫罪的數(shù)額加重犯，對搶劫數(shù)額巨大中的犯罪“數(shù)額”的認定標準進行了分析探討,關(guān)于行為人劫取機動車輛當做犯罪工具或者逃跑工具使用的情況該如何認定？筆者結(jié)合案例及犯罪構(gòu)成理論對其進行了分析，認為被告人主觀上是否具有非法占有機動車輛的目的是認定搶劫加重犯的關(guān)鍵。最后論述了搶劫數(shù)額巨大的既未遂問題，筆者主張該加重犯存在未遂形態(tài)。
[Abstract]:The crime of robbery is the most common in the society, and it is harmful to the most serious crimes, which seriously damages the citizen's personal rights and property rights. It has been the subject of the focus of the criminal law all the time. The current criminal law enacted in 1997 classifies the crime of robbery from the crime means, the crime place, the crime result, the crime object, the amount of the crime and the number of times, The penalty was aggravated. In the light of the current criminal legislation and the criminal judicial interpretation, the eight aggravating circumstances of the crime of robbery have been analyzed and proved in-depth. It combines the relevant theory and practice of the aggravated crime, and lists the relevant cases to find the problem and solve the problem. This paper is divided into six parts. The first part of the paper is the concept of aggravating the crime and the special situation. Because this article is to study the aggravated offense of the crime of robbery, it is necessary to make an in-depth study of the related problems of the aggravated offense before the study of each plot is carried out. On the basis of the constitution of the basic offender, it is a relatively independent constitution of the important part. The characteristics of the aggravation of the crime are mainly the relation between the crime and the basic crime constitution, and the result of the aggravated crime is independent of the basic crime constitution. It is very necessary to study the classification of the aggravated offense, because the next five parts of the thesis are respectively carried out according to the different classification of the aggravated crime. The classification of the aggravated crime has many kinds. The author divides the aggravated crime into five types according to the eight aggravating circumstances of the robbery, and then puts the eight aggravating circumstances of the robbery into the different type of aggravated crime according to their own characteristics. The second part of the thesis is the result of the robbery, and the main study of the robbery and the death of the person The first is to explore the form of the crime of robbery and death. The most controversial is whether the robbery and the death of the person involved the intentional killing. The author agrees with the positive view that it should include the intentional killing, but it does not mean that all the killings are in place. In the case of a robbery, the actions of the victims were found to be aggravated by the crime of robbery and should be taken into account. The following is a discussion of the scope of the person "in the death of a person", as to whether or not to include a co-author, and the author considers that it is based on the point of view that the law is in line with the theory The third part of the thesis mainly deals with the aggravated offense of the crime of robbery, first, how to know and define the financial institution, military material and so on as the object of the crime. Secondly, the author discusses the relationship between the crime object's subjective cognition and the definition of the crime in the course of the robbery, and the author thinks that the doer should have the knowledge of the robbery object, whether the financial institution or the military material, according to the main objective in accordance with that principle of conformity, the actor must know that he or she The fourth part of the thesis is the means of the robbery, the armed robbery as a means of the robbery and the way of the robbery of the police and the police. The analysis of the system is done. In the armed robbery, the definition of the "a gun" and the understanding of the "show" behavior On the basis of the principle of criminal law and the basic principles of criminal law, the author thinks that the robbery should not be included in the "trunk>" armed robberty ". . For "hold" in the criminal act of armed robbery, the author thinks that as long as it is carried by the doer, and knowing that he or she is carrying a gun, it should form a "a gun" in that robbery of the impersonation of the uniformed personnel, the understanding of the "impersonation" and the robbery of the real uniformed personnel also have a great deal of dispute, according to the different viewpoint of the theory, from the social harmfulness of the conduct and to the victim From a mandatory point of view, the author further agrees that when the real uniformed personnel disclose their identity for robbery, it should not be used as a crime of robbery The fifth part of the thesis is the aggravated crime of the duty of the crime of robbery. After the discussion on the characteristics of the public transportation, the author discusses the characteristics of the "and the household" as the crime point, and discusses the existence of the public transportation vehicle by the discussion of whether the aggravated crime has an incomplete form. The sixth part of the thesis is the aggravating of the amount of the robbery, and the criteria for the identification of the criminal "Amount" in the large amount of the robbery are analyzed and discussed. How to determine the situation of the defendant? The author analyzes the case and the theory of the constitution of the crime, and concludes that the defendant has the purpose of illegally occupying the motor vehicle. It is the key to the identification of the aggravated offense of the robbery. Finally, the author discusses the large amount of the robbery, which is not only the attempt but also the author.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D924.3
本文編號：2510776
[Abstract]:The crime of robbery is the most common in the society, and it is harmful to the most serious crimes, which seriously damages the citizen's personal rights and property rights. It has been the subject of the focus of the criminal law all the time. The current criminal law enacted in 1997 classifies the crime of robbery from the crime means, the crime place, the crime result, the crime object, the amount of the crime and the number of times, The penalty was aggravated. In the light of the current criminal legislation and the criminal judicial interpretation, the eight aggravating circumstances of the crime of robbery have been analyzed and proved in-depth. It combines the relevant theory and practice of the aggravated crime, and lists the relevant cases to find the problem and solve the problem. This paper is divided into six parts. The first part of the paper is the concept of aggravating the crime and the special situation. Because this article is to study the aggravated offense of the crime of robbery, it is necessary to make an in-depth study of the related problems of the aggravated offense before the study of each plot is carried out. On the basis of the constitution of the basic offender, it is a relatively independent constitution of the important part. The characteristics of the aggravation of the crime are mainly the relation between the crime and the basic crime constitution, and the result of the aggravated crime is independent of the basic crime constitution. It is very necessary to study the classification of the aggravated offense, because the next five parts of the thesis are respectively carried out according to the different classification of the aggravated crime. The classification of the aggravated crime has many kinds. The author divides the aggravated crime into five types according to the eight aggravating circumstances of the robbery, and then puts the eight aggravating circumstances of the robbery into the different type of aggravated crime according to their own characteristics. The second part of the thesis is the result of the robbery, and the main study of the robbery and the death of the person The first is to explore the form of the crime of robbery and death. The most controversial is whether the robbery and the death of the person involved the intentional killing. The author agrees with the positive view that it should include the intentional killing, but it does not mean that all the killings are in place. In the case of a robbery, the actions of the victims were found to be aggravated by the crime of robbery and should be taken into account. The following is a discussion of the scope of the person "in the death of a person", as to whether or not to include a co-author, and the author considers that it is based on the point of view that the law is in line with the theory The third part of the thesis mainly deals with the aggravated offense of the crime of robbery, first, how to know and define the financial institution, military material and so on as the object of the crime. Secondly, the author discusses the relationship between the crime object's subjective cognition and the definition of the crime in the course of the robbery, and the author thinks that the doer should have the knowledge of the robbery object, whether the financial institution or the military material, according to the main objective in accordance with that principle of conformity, the actor must know that he or she The fourth part of the thesis is the means of the robbery, the armed robbery as a means of the robbery and the way of the robbery of the police and the police. The analysis of the system is done. In the armed robbery, the definition of the "a gun" and the understanding of the "show" behavior On the basis of the principle of criminal law and the basic principles of criminal law, the author thinks that the robbery should not be included in the "trunk>" armed robberty ". . For "hold" in the criminal act of armed robbery, the author thinks that as long as it is carried by the doer, and knowing that he or she is carrying a gun, it should form a "a gun" in that robbery of the impersonation of the uniformed personnel, the understanding of the "impersonation" and the robbery of the real uniformed personnel also have a great deal of dispute, according to the different viewpoint of the theory, from the social harmfulness of the conduct and to the victim From a mandatory point of view, the author further agrees that when the real uniformed personnel disclose their identity for robbery, it should not be used as a crime of robbery The fifth part of the thesis is the aggravated crime of the duty of the crime of robbery. After the discussion on the characteristics of the public transportation, the author discusses the characteristics of the "and the household" as the crime point, and discusses the existence of the public transportation vehicle by the discussion of whether the aggravated crime has an incomplete form. The sixth part of the thesis is the aggravating of the amount of the robbery, and the criteria for the identification of the criminal "Amount" in the large amount of the robbery are analyzed and discussed. How to determine the situation of the defendant? The author analyzes the case and the theory of the constitution of the crime, and concludes that the defendant has the purpose of illegally occupying the motor vehicle. It is the key to the identification of the aggravated offense of the robbery. Finally, the author discusses the large amount of the robbery, which is not only the attempt but also the author.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D924.3
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