抢劫罪与强奸罪客观行为之检视

On Similarities and Differences of Objective Behavior between Robbery and Rape

抢劫罪与强奸罪的客观行为在法条规范的描述上几乎一致,但在具体犯罪中差异明显。通过比较分析两罪"暴力"、"胁迫"、"其他方法"三类具体客观行为的异同,再从客体和类罪细化程度两个层面探求引起两罪客观行为差异的缘由,以期在实践中对相关罪行做出精准定罪。

The objective behavior of robbery and that of rape are almost the same as described in the law,but there are clear differences in specific crime. By comparing and analyzing the similarities and differences between the two crimes in violence, intimidation and other methods, and by exploring the reasons of differences from crime object and the degree of refinement of the crime, can accurate conviction for related crimes be made in practice.