事后抢劫罪未遂形态研究——以日本刑法借鉴为视点

关于事后抢劫罪是否存在未遂形态及依据怎样的标准进行区分,在我国刑法中没有明确的规定,但是根据刑法的规定事后抢劫罪的目的以及罪刑相适应的要求,在我国应当承认事后抢劫存在既未遂形态;在既未遂的区分标准上,应当借鉴日本的理论并根据我国的实际情况,在解释论中予以完善,以行为人盗窃、诈骗、抢夺行为未遂并且也没有造成他人轻伤以上后果的,作为认定本罪的未遂形态的具体标准。

A Study on the Uncommitted State of Robbery Crime after the Fact -From the Perspective of Japanese Criminal Law

In our national criminal law; there is no clear regulation about whether the uncommitted state exists in the robbery crime after the fact and what standards should be depended on in distinguishing. But according to the purpose of robbery crime after the fact and the corresponding requirement of crime punishment regulated in our national criminal law, it is necessary to admit the uncommitted state existing in post robbery in our country. And in the distinguishing standards about the uncommitted, we should learn from Japanese theory and take our n.ational practical situation into account, and perfect the standards in the explanation theory. Meanwhile, the actor＇s uncommitted behaviors in stealing, consequence of other persons getting wound over the slight swindling and robbery, which does not cause the injury, can be used as the concrete standard to judge the uncommitted state of the main crime.