西安石油大学学报（社会科学版）2011，Vol.20Issue(5)：76-81,6.
事后抢劫罪未遂形态研究——以日本刑法借鉴为视点
A Study on the Uncommitted State of Robbery Crime after the Fact -From the Perspective of Japanese Criminal Law
摘要
Abstract
In our national criminal law; there is no clear regulation about whether the uncommitted state exists in the robbery crime after the fact and what standards should be depended on in distinguishing. But according to the purpose of robbery crime after the fact and the corresponding requirement of crime punishment regulated in our national criminal law, it is necessary to admit the uncommitted state existing in post robbery in our country. And in the distinguishing standards about the uncommitted, we should learn from Japanese theory and take our n.ational practical situation into account, and perfect the standards in the explanation theory. Meanwhile, the actor＇s uncommitted behaviors in stealing, consequence of other persons getting wound over the slight swindling and robbery, which does not cause the injury, can be used as the concrete standard to judge the uncommitted state of the main crime.关键词
事后抢劫罪/未遂/刑法Key words
robbery crime after the fact/uncommitted crime/criminal law分类
社会科学引用本文复制引用
闫龙飞,姚万勤..事后抢劫罪未遂形态研究——以日本刑法借鉴为视点[J].西安石油大学学报（社会科学版）,2011,20(5):76-81,6.
