抢劫罪的经济分析

ECONOMIC ANALYSIS OF ROBBERY

抢劫罪侵犯双重客体,一是人身法律关系,二是财产法律关系,因而传统刑罚观认为对抢劫罪的刑罚应兼有罚金和徒刑。从效率价值考虑,抢劫罪的立法规定不尽合理,主要问题在于边际威慑不足;另外,抢劫罪必然带有徒刑的刑罚模式是低效率的,要想解决这两个问题必须探讨死刑的范围以及最优的罚金监禁组合。

The traditional concept of punishment thinks that the robbery should have fine penalty and imprisonment just because robbery violate double object, one is personal legal relationship, and the other is property legal relationship . From the efficiency value, robbery legislation is not reasonable. The main problem is lack of marginal deterrence. In addition, robbery sentence pattern which is bound with imprisonment is inefficient. In order to solve these two problems, the scope of the death penalty and optimal combination of fine and imprisonment should be discussed.