清代“白昼抢夺罪”概念之辨及思考

Differentiation and Consideration of the Concept of “Daytime Robbery Crime” in Qing Dynasty

摘要: “白昼抢夺”的现象普遍认为始见于元代刑书和实践，在司法适用上依强盗罪处断。其在明朝演变成独立罪名，又为清朝所继承和发展。明清时期律学家、幕友等出现了较多对“白昼抢夺”罪概念的认定和辨析，部分观点甚至成为清代律文的注解。明清对“白昼抢夺”罪讨论的百花齐放，展现了明清律学的繁荣同时，也使得此罪概念的科学性存在争议，并从中反思清“白昼抢夺”罪立法理念的进步与不足。

Abstract: It is generally believed that the expression and behavior of “daytime robbery” began in the criminal book and practice of the Yuan Dynasty, and was punished according to the crime of robbery in judicial application. It evolved into an independent charge in the Ming Dynasty, and was inherited and developed by the Qing Dynasty. During the period of Ming and Qing dynasties, there were many legal scholars and friends of the scene to identify and discriminate the concept of “daylight robbery” crime, and some views even became the commentary of the Qing Dynasty law. The discussion of “daylight robbing” crime in Ming and Qing Dynasties showed the prosperity of law science in Ming and Qing Dynasties, but also made the scientific concept of this crime controversial, and reflected on the progress and shortcomings of the legislative concept of “daylight robbing” crime.