A Study On Some Issues Of Robbery

Robbery is an old crime, whose stipulation dating back to the law in the timeof slavery. Both Chinese criminal law of 1979 and its 1997 revision have concludedit in the cataloger of property crime. Analyzing from criminal law theory, robberyhas dual objects and certain criminal purpose in subjective intention. The legislatorhas also provided robbery with specific types such as aggravated offense andtransformed offense. For all these, research and disputes on the constitution ofrobbery has never ended since the promulgation of relevant stipulations. Especiallysince 1990's, there are many books and theses on this regard, adding new color tothis old crime. The dual objectives of robbery has given birth to many theoretical standards whenevaluating accomplished and unaccomplished of robbery by the theory of accomplishmentand unaccomplishment in the general provisions of criminal law, including theestablishment of accomplishment or unaccomplishment in three different types ofgeneral robbery, aggravated robbery and transformed robbery as well as the standardof conviction. Concerning the intention of robbery, laws and scholars in variouscountries vary in stipulations and opinions regarding the conviction of obtainingcredit by robbery. "Robbery in house" is one of the eight aggravated circumstances 1in Chinese 1997 revised criminal law. There are many discussions in theoretical fieldand judicial department about the definition of "house", the relation between "inhouse" and "robber". At the same time, there is a new topic in the transformedrobbery since the revised criminal law added eight new aggravated circumstances. Asto the above-mentioned new topics, some scholars has given discussion in specificwritings. However, some topics are discussed more, while the others are less discussed.Analysis on these topics will be beneficial whether to display legislators'purposes,standardize implementors' evaluation of behavior, or improve criminal theory ,legislation and judicial practice. Hence it is necessary to make a systematic studyon relevant theory and legislation. On the basis of existing research findings, thisdissertation will define the behavior of obtaining credit by robbery, "house" in"house robbery", the relation between "in house" and "robbery", the offensetarget, junior subject and aggravated criminal in aggravated robbery, general robbery,aggravated circumstance of robbery, accomplishment and unaccomplishment oftransformed robbery. Besides the foreword, this dissertation has three parts with about 34000 words,among which the footnote has about 3000 words. The first part introduces the nature of behavior of obtaining credit by robber.It is held that the credit belongs to the property right, displaying by some certainforms and bring some interest to the people. Since the offense target of robberyincludes property, credit can be the target of robbery. In the meantime, if to definethe nature of this behavior accurately, the criminal intention should be made clear,the nature of credit should be defined, the behavior of obtaining credit should beclassified according to the legal credit, extra credit surpassing the amount of legalcredit, credit that does not exist, and credit that can not be clarified. Since the 2existence of credit has a very important influence on the case, the responsibilityof evidence should be clarified in ruling of case. Also the conspirator should bediffentiated. Other stipulations and opinions in other countries'criminal law andtheories in this regard are also be referred to in this part. The second part introduces the definition of "house", the relation of "inhouse" and "robbery", the offense target of house robbery. It is held that, inunderstanding "house", we should pay attention to such characteristics as theprivacy,exclusion and closeness of the "house", certain ou...