事后抢劫罪的构成及其形态探讨

On the construction and forms of the robbery from the late action

事后抢劫罪出于法律拟制。构建事后抢劫罪,须区分条件行为和实行行为。先行的盗窃、诈骗、抢夺行为,是条件行为(或身份行为);事后的暴力、威胁行为,是实行行为。明确了事后抢劫罪的构成,其形态探讨即具备了相应的前提。

The robbery from the late action is made by conjecture legally. In order to judje whether a suspect has constructed the robbery from the late action, it is necessary to distinguish the conditional action from the executive action. Theft, bilking and looting beforehand are the conditional actions, while violence and threatening afterwards are the executive actions. If the construction of the robbery from the late action is defined clearly, we then have the corresponding prerequisite to delving into the forms about it.