三阶层犯罪论体系是目前学术界三种犯罪理论体系中最具有影响力的一种,构成要件的该当性、违法性和有责性是三阶层犯罪论体系的三个组成部分。本文以三阶层犯罪理论体系为基础,从构成要件该当性、违法性和有责性三个角度分析下面这起案例,得出以下结论:(1)小明和友人该当抢劫罪;(2)不存在违法性阻却事由;(3)没有减轻、免除责任的事由。 The system of the third-level crime is the most influential one of the three theoretical systems of crime in the academic field. The dueness, illegality and accountability of the constituent elements are the three components of the system of the third-class crime. Based on the theoretical system of the third-class crime, this article analyzes the following cases from the following three aspects: the dueness, the illegality and the accountability of the constituent elements, and draws the following conclusions: (1) Xiao Ming and his friends should be robbed; (2) There is the illegality of the cause of resistance; (3) did not relieve, exempt from liability.