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A Study On Crime Of Robbery

Posted on:2005-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:H ZouFull Text:PDF
GTID:2156360125956710Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The scholars have deeply studied the crime-robbery. Based on using for reference of achievements of others, this dissertation studies six parts about robbery as follows: the legislation development of robbery, the definition of robbery, the condition of aggravation the punishment, committing a crime together and distinguishing attempted robbery.Part one: The legislation development of robbery. In this part the author mainly introduce the legislation development of robbery, as a kind of old crime, after the PR of China's liberation. And the author set forth: the definition of robbery: robbery is a kind of act of robbing other's property on the spot by violence, menace or other methods in order to occupy it illegally.Part two: The constitute characteristic of robbery. In this part, The author analysis the characteristic of robbery from the four aspect of robbery constitute and brings up some Standpoints trying to solve the problems in the judicatories practices.Part three: The determination of pen-robbery. How to determine the pen-robbery is a divergent question. The dissertation studies the 2nd section of 267th article of the Criminal Law that is about transformed robbery.Part four: The criterion of distinguishing whether one's crime is succeeded. The author argues that the judgment should be according to the constituting elements. What's more there are difference between basic constitution and aggravated one in the 263rd article of the Criminal Law.Part five: The aggravation of the punishment of robbery. The Criminal Law of 1997 was revised, the law makes the plots more concrete and operational, but there is still some divergence. The dissertation studies a lot of situation and sets forth some advice.Part six: The committing robbery together. This dissertation mainly studies two aspects: in identical crime, whether it belongs to commit a crime together when their constituting elements are different; how to use law when case happens as article 1. In order to explain the question clearer, the author quotes some exposition from the classics written.
Keywords/Search Tags:Robbery, Pen-robbery, Uncompleted-robbery, Robbery-aggravation, Crime-together
PDF Full Text Request
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