南华大学学报（社会科学版）2024，Vol.25Issue(3)：109-114,6.DOI:10.13967/j.cnki.nhxb.2024.0048
抢夺行为的定型化与体系性解读
The Stereotyping and Systematic Interpretation of Snatching Behavior
周洁 1杨苡铭1
作者信息
- 1. 太原科技大学 法学院,山西 太原 030024
- 折叠
摘要
Abstract
In view of the theoretical controversy on the distinction between theft and robbery,this paper,from the perspective of the interpretation of the criminal law system and the structure of crime and punishment,returns to the position of criminal localization,adheres to the general theory of criminal law,and insists on taking public and secret as the dividing standard between theft and robber-y,thus realizing the balance between crime and punishment in the current criminal law system.Based on the analysis of the character-istics of theft and robbery,it is clear that publicity is the essence and core feature of robbery,and the act of openly and illegally obtai-ning others should be recognized as robbery,not all robbery acts have the possibility of causing casualties,"violence against property"is not the necessary element of robbery,and the meaning of"close possession"of property needs to be expanded to be interpreted as property within the sight of the victim.关键词
抢夺罪/盗窃罪/界限/公然性/刑法体系Key words
crime of seizing/larceny/limits/publicity/criminal law system分类
社会科学引用本文复制引用
周洁,杨苡铭..抢夺行为的定型化与体系性解读[J].南华大学学报（社会科学版）,2024,25(3):109-114,6.
