论抢劫欠条行为的定性_论文.docVIP

先是通过准确界定抢劫罪及其犯罪对象的定义并阐述欠条这种书面债权凭证的性质得 出相关结论，其次提出了抢劫欠条行为在司法实践认定中应注意的诸多关键问题，最后 从量刑方面阐述了如何对抢劫欠条的行为准确裁量刑罚。总之，笔者试图为相应立法体 系的健全及司法实务问题提供一定的解决途径，以期有助于法治社会的进一步完善。 关键字：抢劫；欠条；犯罪对象；定罪；量刑 论抢劫欠条行为的定性 Abstract In our criminal judicial practice, about the robbery of a controversial question is: in the civil lending relationships, issued by the debtor to the creditor written evidence of the creditors rights debt relations of creditors rights certificate means iou can be the object of crime of robbery. In other words, rob ious behavior can be regarded as robbery. In the theoretical circle of criminal law, the relevant theory of forming great differences, even in the very great degree is completely opposite to each other. , roughly divided into agree with and against said two different views. Scholars argue that opposition said ious cannot be the object of crime of robbery, then according to the object and objective aspect of crime constitution condition, the error that robbery iou behavior cannot be established robbery. Iou is a monetary standard evidence of the creditor and the debtor creditors rights debt relations between both sides of a form of written proof of creditors rights carry robbery ious and robbing things are two different concepts, there are significant differences, the offender does not obtain property on the spot, should not constitute a robbery. Agree that scholars in view of the scholars have argued against said scathing critique of the point of view, they advocate of robbery crime object can be written of the creditors rights certificate ious, etc. For the following reasons: first of all, without violating the basic principles of criminal law the principle of a legally prescribed punishment cases, robbery crime object of property to expand the scope of other interests is defined to include legal and rational. Secondly, the concept of citizens property rights in criminal law theory and the concept of property rights in civil law cannot delimit equal-sign, absolute