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抢劫罪是指以非法占有为目的,以暴力、胁迫或者其他方法使他人不能抗拒,强行将公私财物抢走的行为。抢劫罪是既侵犯公私财产权,又侵犯人身权利,危害人身安全的严重刑事犯罪,而且在生活中是高发型犯罪,历来是我国刑法打击的重点。在司法实践中,抢劫罪也是一种比较复杂,在某些问题上争议颇多的犯罪。本文主要研究关于抢劫罪的一些特殊的对象问题,例如抢劫不动产、无体物、违禁品等能否构成抢劫罪,分析法学理论和司法实践中关于抢劫罪的容易产生争议的一些问题。
The crime of robbery means the act of using force, intimidation or other means to make others irresistible and to forcibly take public and private property away for the purpose of illegal possession. Crime of robbery is not only a serious criminal offense that infringes both public and private property rights, but also infringes upon the rights of the individual and endanger the personal safety. In addition, it is a crime with a high incidence in life and has always been the focus of criminal law in our country. In judicial practice, the crime of robbery is also a kind of complicated crime that is disputed on some issues. This article mainly studies some special issues concerning robbery, such as the robbery of immovable property, incapacitated bodies and prohibited articles, which can constitute the crime of robbery, the analysis of the legal theory and some issues that are prone to dispute about the crime of robbery in judicial practice.