抢夺行为的定型化与体系性解读 ——从抢夺罪与盗窃罪的界分切入

文章以刑法体系解释和罪刑结构为视角,回归刑事本土化立场,秉持刑法学界的理论通说,坚持将公然和秘密作为盗窃罪和抢夺罪的界分标准,以在现行刑法体系中实现罪刑均衡。基于对盗窃罪与抢夺罪行为特征的分析,明确公然性是抢夺罪的本质和核心特征,公然非法取得他人财物的行为应认定为抢夺罪,并非所有的抢夺行为都具有致人伤亡的可能性,“对物暴力”不是构成抢夺罪的必备要素,财物“紧密占有”的含义需要扩大解释为处于被害人视线范围内的财物。

The Stereotyping and Systematic Interpretation of Snatching Behavior——Starting from the distinction between robbery and theft

In view of the theoretical controversy on the distinction between theft and robbery, this paper, from the perspective of the interpretation of the criminal law system and the structure of crime and punishment, returns to the position of criminal localization, adheres to the general theory of criminal law, and insists on taking public and secret as the dividing standard between theft and robbery, thus realizing the balance between crime and punishment in the current criminal law system. Based on the analysis of the characteristics of theft and robbery, it is clear that publicity is the essence and core feature of robbery, and the act of openly and illegally obtaining others should be recognized as robbery, not all robbery acts have the possibility of causing casualties, “violence against property” is not the necessary element of robbery, and the meaning of “close possession” of property needs to be expanded to be interpreted as property within the sight of the victim.