论抢夺罪认定中的四个争议疑难问题

On Four Disputable Points in Determining the Crime of Seizing

抢夺罪的成立不以客观上乘人不备实施为前提;抢夺罪中的“数额较大”包含主观恶性和客观危害两个方面,而非纯粹客观评价要素。对于驾驶汽车或者摩托车猛力抢取行人财物的案件,应视具体情况以抢夺罪或抢劫罪定罪处罚。应以行为人是否实际控制了所夺取的财物作为区分抢夺罪既遂与未遂的标准。

The crime of seizing is not established merely according to whether the sufferer is being attacked all of a sudden without any time for resistance, and the relatively large amount in the crime of seizing refers to two aspects subjective viciousness and objective detriment. It is not at all relying purely on the objective evaluation element. With regard to the case that vigorously seizing a passer-by＇ s property by driving a car or riding on a motorbike, we should differentiate specific circumstances so as to determine whether it is the crime of seizing or the crime of robbery. And we should see whether the doer has actually seized the properties according to the situation if he/she has controlled the property or not.