军警人员抢劫法定刑适用问题研究

较之冒充军警人员，军警人员抢劫的社会危害性更大，然而后者的刑罚却比前者轻很多；对于军警人员抢劫该如何合理量刑，“解释论”主张通过实质的解释克服现行立法的缺陷，而“立法论”则寄希望于刑法的修改；“扩大解释”和“当然解释”都没能将“军警人员抢劫”的情形纳入到“冒充军警人员抢劫”含义中去理解；只能借助“立法论”的立场对军警人员抢劫法定刑适用从新规定。

A Research on the Application of Statutory Sentence of Robbery by True Military and Police Officers

Compared with posing as police , military police robbery deserves more substantive punishability , however , the penalty of the latter is much lighter than the former;how to make reasonable sentencing for robbery by army-man or policeman？ “Interpretation theory” advocates existing legislation defects can be overcame by the substantive explanation ,on the contrary ,“legislation theory” set up a claim to modify related criminal law;the“ex-tensive interpretation” and “natural interpretation” fails to put “the implication of robbery by true military and po-lice officers” into “the implication of robbery by disguising as military and police officers”;legislation is the only way to reasonably stipulate the application of statutory sentence of robbery by true military and police officers .