“携带凶器抢夺”之刑事立法解析

Research on "Snatch with Lethal Weapon"

1997年施行的《中华人民共和国刑法》第267条第2款"携带凶器抢夺的,依照本法第二百六十三条的规定定罪处罚"的规定,引起了理论与实务界的广泛关注与讨论。关于凶器、携带和"携带凶器抢夺"的主客观构成的理解以及抢夺数额在"携带凶器抢夺"中的意义等方面都有待进一步澄清。立足犯罪体系对相关问题进行了系统分析,认为"凶器"应当以可以产生足以使被害人产生畏惧心理为标志,"携带"应具有随时使用凶器的可能性,并根据主客观情况的不同分为五种类型对"携带凶器抢夺"进行了详解。另外,"携带凶器抢夺"构成抢劫罪不应以数额较大为要件。

The paragraph 2 of Article 267 has caused widespread concern and discussion since ＂Criminal Law of The People＇s Republic of China ＂ was issued in 1997.The understanding of weapon,carry,the subjective and objective constitutes of ＂snatch with lethal weapon＂,and the worth of the amount of holdings by ＂snatching with lethal weapon＂ are to be further clarified.The author analyses systematically the related issues based on the criminal system,and thinks that the ＂weapon＂ should be the one that makes the victim afraid,the meaning of ＂carry＂ should be that that the weapon can be used by criminal at any time.Based on the difference of subjective factors and objective factors,the theme ＂Snatch with Lethal Weapon＂ will be expounded and categorized into five types.In addition,it is not the essential condition for regarding the ＂Snatch with Lethal Weapon＂ as the offense of robbery for the amount.