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我国《刑法》第二百六十三条规定的普通抢劫罪,可以分为两种典型形态,即以暴力、胁迫或者其他方法抢劫公私财物的构成基本抢劫罪;在满足基本抢劫罪构成要件的基础上,又具备某一加重情节的加重抢劫罪。刑法分则虽然规定了抢劫罪既遂的犯罪构成,但并未具体描述抢劫既遂的标准,尤其是对加重抢劫的几种情节,司法实践中还存在一些有争议的问题,理论围绕这一块的争论也颇多。为了贯彻罪责刑相适应的原则,依照我国现行法律法规中有关抢劫罪认定、处罚的相关规定,以及理论界有关争论问题,结合实践,对加重抢劫罪的既遂与未遂予以理论探讨,浅谈对加重抢劫罪的既遂与未遂的标准的一些看法,以期在司法实践中准确量刑有所裨益。
The common crime of robbery stipulated in Article 263 of the Criminal Law of our country can be divided into two typical forms, that is, robbing public and private property with violence, intimidation or other methods constitutes the basic crime of robbery. In order to satisfy the basic elements of the crime of robbery On the basis of this, it poses some aggravating circumstances that aggravate the crime of robbery. Although the criminal law points out the constitution of accomplice to the crime of robbery, it does not describe the standards of the successful attempt of robbery, especially the several plots that aggravate the robbery. There are still some controversial issues in the judicial practice. The debate surrounding this piece of theory Also a lot. In order to carry out the principle of adapting crime and punishment in line with the relevant provisions of the existing laws and regulations on the identification and punishment of the crime of robbery, as well as the relevant theoretical issues in the theoretical circles, combined with practice, we should theoretically discuss the attempt and the attempt to aggravate the crime of robbery, Some views on the standards of the completed and attempted to aggravate the crime of robbery are helpful to the accurate sentencing in judicial practice.