Study On Robbery Crime

Robbery crime is a familiar crime against property with a serious quality, which has been focused on by the field of criminal law in our country for a long time. Many doubtful issues in theory and justice practice occur not only because of its high crime rate and serious harm to people and property, but also of complication of its activity. Based on the former scholar's studies, the author systematically researches on basic theory problems of robbery crime, and discusses various disputable issues in justice practice. This dissertation's construction and main content are as follow:Part one is a general conspectus of robbery crime, consisting of two chapters and seven sections, mainly concerning the macroscopic study on robbery crime. It demonstrates the development of robbery crime in human history by vertical inspection of history of criminal law, and through the transverse comparison in criminal legislation and theory, demonstrates the difference and nature of robbery crime among countries all over the world. In this part, the author emphasizes three important development stages of robbery crime in our country's criminal law history.Part two is ontology of robbery crime, consisting of four chapters and nineteen sections. It is the basis of this dissertation. Based on defining the concept and types of robbery, it emphasizes the study on the constitution of ordinary robbery crime, aggravated robbery crime, quasi robbery crime to exactly comprehend the robbery crime in microcosmic view. â… First is the concept of robbery crime, reflecting the degree of comprehension of robbery crime in theory. Based on the analysis of the different concept, the author defines the concept. The criminal type is studying range, and we divide robbery crime into two parts and 20 concrete types based on the legislation and the internal logical relation of robbery act. â…¡ The second is the term of existence of ordinary robbery crime; It is the core content that we define the robbery crime. It relates not only to the definition of every term of constitution, but also to the comprehension of system of constitution of crime. A. In the system of constitution of crime, the main issue is the crime object. The author gives a simple discussion on whether the crime object is essential term in constitution of crime, and how to define its connotation. B. In the object of robbery crime, the author defines the concrete content of property right and personal right, and in the mean while, deeply discusses whether some special property could become the criminal object of robber crime, such as immobile property, prohibited products, booty, wager, bet funding and i.o.u. C. In the objective element, the author defines the connotation of means act of violence, coerce and other method of the means and the purpose act of robbery, emphasize on the violence subject, violence level and the relation of act of means and purposes. D. In addition, the author also defines the connotation of subject element and subjective element of robbery crime.â…¢ The third is about the establishment of aggravated robbery crime. And the key is to comprehend and define eight kinds of statutory aggravating circumstances. A. Intruding into the other people's residence to rob. The author mainly discusses three questions as follow: firstly, it's how to define "residence" in this crime; secondly, it's about definition of "intruding", the problem that whether it is legal to intruding into the other people's residence or not; thirdly, in what condition can intending into another person's residence to theft convert into robbery. B. Robbing on board the means of public transportation. The author mainly discusses two arguments as follow: firstly, it's about robbing in taxi, that whether it belongs to robbing on public transportation or not; secondly, whether this article includes robbery on the moving public transportation after intercepting it? C. Robbing a bank or any other banking institution. And the author stresses on the scale of "other banking in...