我国刑法中抢劫罪的暴力是否包括故意杀人

Whether or Not the Intentional Homicide is Included in the Violence of Robbery in the Criminal law of Our Country

虽然从立法原义上看,我国刑法中的抢劫罪包含故意杀人的行为,但是无论是从法定刑的配置、犯罪客体的确定,还是从杀人与抢劫的关系以及国外的立法例来看,这种规定是不合理的。从立法完善的角度考虑,应当将以杀人为手段进行抢劫的行为以故意杀人罪定罪处罚。

The behaviour of intentional homicide is included in robbery in the criminal law of our country, as it can be seen from original intention of legislation. However, this is an unreasonable provision, whether to see this from the disposition of legally-prescribed punishment and the determination of criminal object or to see this from the relation between homicide and robbery and the example of legislation abroad. To perfect legislation, the conduct of robbery with homicide as the means should be convicted and penalized as crime of intentional homicide.