转化型抢劫之转化“四要件”新释

New Interpretations About Four Elements of Transformed Robbery

作为一种拟制型抢劫类型,法理上习惯将我国《刑法》第二百六十九条的规定称为转化型抢劫。要实现抢劫的转化,必须满足主体、主观目的、时空和行为四个方面的要素。基于对现有观点的分析,比较合理的结论是,主体要素上应通过违法性和有责性二层次对是否转化为抢劫进行界定;从严格法条主义的立场,必须严格解释第二百六十九条项下规定的行为人主观目的;时空要素方面要摆脱时间与空间分离讨论的误区,将二者统一,宜认为"当场"只受时间上不间断性的约束;在判断特殊类行为是否可以转化为抢劫时,应当以与转化型抢劫的基础行为有法益侵害同质性与否作为界分点。

As a type of special robbery, the theory of criminal law used to be called the Article 269 of Criminal law as transformed robbery. In order to realize this transform, there are four elements are needed：subject, time, space, and behaviors. According to the existing views, some new opinions are reasonable. Firstly,illegal and responsibility are important factors for judging the subject. Then, the purpose of subject must be restricted strictly. At the same time, we should get rid of a traditional misunderstanding about time and space,because time is more important for the analysis of transformed robbery than space. Lastly, In judging whether some special kinds of behaviors will be transformed or not, the standard should be based on this factor,compared with the theft, fraud and robbery, that the previous behavior must has already violated the homogeneous benefits of criminal law.