论强奸罪与抢劫罪在客观方面之异同

On the Objective Similarities and Differences between the Crime of Rape and Robbery

在对刑法分则罪名进行研究时可以发现抢劫罪与强奸罪在犯罪构成中的客观方面表述上基本上相同,两罪名都是以"暴力、胁迫或者其他方法(手段)"作为其客观行为的罪状。若从字面含义角度出发对两罪名进行理解,则几乎难以对其进行区分。立足文义解释、体系解释、目的解释等刑法解释角度对两罪名进行比较与解释,并分析异同的原因,具有现实意义。

It can be found that the crime of robbery and rape are almost the same in the objective aspects of the constitution of the crime when we study the charge of the specific provisions of the criminal law.?Both charges are "violence, coercion or other methods" as its objective acts of crime. If the literal meaning of the two charges is understood, it is almost difficult to distinguish them.?It will be based on the meaning of interpretation, system interpretation, purpose interpretation and other aspects of criminal law interpretation of the similarities and differences between the two charges and from their objective aspects of interpretation. It will be based on the meaning of interpretation, system interpretation,purpose interpretation and other aspects of criminal law interpretation of the similarities and differences between the two charges and from their objective aspects of interpretation.