抢劫罪和强奸罪中“暴力”手段行为的比较

The Comparison of Violence in Robbery and Rape

暴力作为抢劫罪和强奸罪中最常见的手段行为,在各自的罪名中却有着并不完全相同的表现形式和特征。暴力作为两罪的手段行为,其实施必须以实现相应的犯罪为目的;暴力行为必须由行为人亲自实施,利用他人的暴力形成的便利条件实施劫财或者奸淫行为,对相应犯罪的成立具有不同的意义;暴力所针对的对象也只能是被害人本人,并且对物的暴力不能构成暴力型的相关犯罪;两罪中的暴力都包括危害人身安全和限制人身自由两种方式,但强奸罪的暴力还要求具有对人身直接侵害的特征;在暴力强度上,抢劫的暴力要求达到"足以抑制对方的反抗"的程度,而强奸的暴力只要达到"使其反抗变得显著困难"的程度就够了,并且强奸的暴力不包括故意杀人。

Violence, as the most common means of robbery and rape, is not exactly the same in forms and features of the two kinds of crime. Implementation of violence in the two kinds of crime must be in order to realize the specific purpose of crime. Violence must be implemented by the offender himself, and robbing money or committing adultery based on the conveniences caused by violence implemented by others has different meanings in establishment of corresponding crime. Violence can be applied only to the victim, and the violence on objects isn＇t the one in related crimes. Violence in the two crimes is usually brought about by two means： the damage to personal safety and the limit of personal freedom. And violence in rape is also required to be implemented directly on the victim＇ s body. Violence in robbery must be powerful enough to make the opponent can＇t resist, however in rape, it＇s enough to make it hard for the opponent to resist. And violence in rape does not include intentional homicide.