论携带凶器抢夺依照抢劫罪定罪处罚的立法完善

Legal perfection on "Person who commits the crime with lethal weapons should be convicted and punished in accordance with the Crime of Robbery"

我国《刑法》第267条第2款规定“携带凶器抢夺的,依照抢劫罪定罪处罚。”此规定混淆了抢夺罪与抢劫罪的实质界限,不利于司法实践,有必要进行立法完善。

The provision in the second item of the 267th of the Criminal Law shows that the person who commits the crime of forcible seizure of money or property should be convicted and punished in accordance with crime of robbery. This provision mixes up meanings between the crimes of forcible seizure of money or property and the crime of robbery. It is not of benefit to legal practice. In this case, it is necessary to perfect the law.