抢劫罪的停止形态

The Suspensive Forms of Robbery

根据犯罪停止形态的传统理论,进一步论证了抢劫罪应以"劫取财物"为既遂标准。在分析理论界关于"结果加重犯有无未遂"的诸观点的基础上,认为在对重结果有故意的条件下,抢劫罪的结果加重犯存在既遂与未遂之分,其既遂标准是"重结果";与此相似,抢劫罪的数额加重犯也存在既遂与未遂之分,其既遂标准是"重数额"。通过分析抢劫罪情节加重犯的构成特征,得出其存在既遂与未遂的结论,既遂的标准是"劫得财物"。最终否定了我国刑法关于"加重构成无未遂"的传统观点。

The author basises the traditional suspensive forms of crime, proof the standard of completed robbery should be ' plundering property' .On the base of studying various opinions about 'whether Erfolgsqualifiziterte Delikte has uncompleted form', the author considers the robbery's Erfolgsqualifizierte Delikte has completed and uncompleted forms .Its standard of completion is aggravating result ; Consistent with this ,robbery's crime with aggravated number also has completed and uncompleted forms, its standard of completion is aggravating number .After studying its constitutional character, robbery's crime with aggravated circumstance has completed and uncompleted forms and the standard of completion are 'robbery property'. The article denies traditional opinion 'aggravating crime has no uncompleted form'.