《刑法》第267条第2款规定,“携带凶器抢夺的,依照本法第二百六十三条的规定定罪处罚。”该条款从规定之时就备受争议,有些学者建议将其认定为抢夺,有些建议认定为抢劫,还有学者建议将其废除。究其原因,主要是对“携带”、“凶器”等的认定标准不同。笔者认为在考究这些认定标准后,具体案例具体分析,从几个方面逐一深入,是可以判定每一案件的性质。所谓废除说、认定为抢夺说等,可以摒弃。这种分析问题的方法——解释与推论,是值得我们在以后的《刑法》学习中关注的。 Article 267, paragraph 2, of the Criminal Law stipulates that “anyone who takes a weapon or seizes it shall be convicted and punished in accordance with the provisions of Article 263 of this Law.” This article is controversial when it is stipulated. Some scholars have suggested that It was identified as a snatch, some suggested as a robbery, and others suggested it be abolished. The reason, mainly on “carrying ”, “weapon ” and so on the different accreditation standards. The author believes that after examining these identified standards, the specific analysis of specific cases, from several aspects one by one, is to determine the nature of each case. The so-called abolition, said to be robbed that can be abandoned. This method of analyzing problems - explanations and deductions, deserves our attention in the future study of Criminal Law.