| offense of robbery is a serious crime frequently occurred in judicial practice and has become the second biggest criminal offense in our country since 1990s. the way of suppressing the currently rampant robbery offenses is a significant issue in the judicial circle and the field of judicial theory. in 1997, regulations concerning robbery offenses were revised in the criminal law and then in 2000 the supreme people's court made specific interpretations to certain difficult and complicated cases of application law concerning trying of robbery offenses so as to improve on the regulations concerning robbery offenses in the current criminal law. the thesis intends to probe into certain complicated issues existed in judicial application in offenses of robbery, based on judicial practice, regulations concerning robbery offenses after revision and judicial interpretations of the supreme people's court. the thesis consists of four chapters and carries more than 30000 characters. the first chapter is identification of robbery means. it starts with an analysis of the implication of act of violence, then demonstrates that in china act of violence in offenses of robbery is not necessarily an act vital to the victim's life so as to force the victim in a position of being unable to resist. meanwhile, the chapter holds that act of violence in robbery offenses should include intentional homicide, for which reasons from four different aspects are presented. secondly, the chapter probes into the act of coercion in robbery offenses and points out that coercion should consist of intimidation using threat of violence. thirdly, the chapter illustrates the implication and identification of other means of robbery offenses. the second chapter deals with the application of transformational robbery offenses in the 269th clause of criminal law, mainly probing into its prerequisite, objective conditions and subjective conditions. as for the prerequisite, the author believes that the prerequisite act of transformational robbery offenses should constitute crime of larceny, fraud and seizing by force viewing from the requirements of principles of crime and the intention of legislation. as for the objective conditions, the author focuses on the illustration of the implication of "on the spot". besides, this chapter also presents a specific analysis of joint offense in transformational robbery offenses. the third chapter is understanding and application of robbery offense in the 2nd entry clause 267 of criminal law. at the beginning, it points out that it is scientific and rational for the legislators to identify crime of seizing by force carrying weapons as offense of robbery on a combined basis of conditions in china and legislation in other countries. it holds that the entry originates a new type of transformational criminal. secondly, the author illustrates the respective implication and identification of "tools or weapons for criminal purposes", "carry" and "carry weapons for criminal purposes", in which tools or weapons for criminal purposes are classified and conditions of identification are presented. as for the concept of "carry", the author sketches its implication and suggests that judicial authority make an explicit definition of the word "carry". meanwhile the author points out the deficiency in the definition of the concept of "carry tools or weapons for criminal purposes" and presents the five requirements for identifying robbery offense carrying weapons. the chapter ends with an analysis of three disputing issues in identifying offense of robbery carrying or weapons. the fourth chapter is identification of the condition of aggravation of penalty in offenses of robbery. the author elaborates on the eight conditions of aggravating penalty in offense of robbery, focusing on "indoor robbery" and "robbery in public transportation vehicles". as for " indoor robbery", the author confirms the definition of "indoor" by the supreme people's court and analyzes some special buildings. then he c...
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