| Robbery is a complicated crime having to do the violation of citizen's both property rights and personal rights. Our country ,as well as the other countries in the world, has taken Robbery as the central research area of criminal law. The criminal law revised in 1997 made amendments to robbery, replacing mainly the general wording serious circumstances of Robbery in the version of 1979 with seven (eight actually) kinds of concrete circumstances for the sake of law operation and standard law enforcement in judicial practice. However, the change of the provision from general to concrete has led to new problems. One is that concrete provisions tend to have limitation, resulting in too mechanical law enforcement criteria. Some circumstances call for heavier measurement of penalty but unfortunately they were not taken into consideration by the law makers, the result of which is that no ready provison is there for us to abide by and the robbery in question is threated as an ordinary one, and hence the unbalanced penalty. The other is that owing to the concreteness of the provision, and the related concept became the debating focus between the law circle and judicial circle, and leads to different standards of law enforcenment, therefore impaired the seriousness and justness of judicial activity. In November,2000 the Supreme People's Court provided detailed explanation and reply to related problems with respect to the applicable law for robbery. However, the main problem of law enforcement was not settled thoroughly. Based on the concrete provisions, related judicial explanation and reply for circumstances of heavier measurement of penalty for robbery in the revised criminal law, together with the author's judicial practice in the last ten years, this paper summarizes and analyzes the existing problems from the angle of law, sets forth the author's rough outlook, and some judical advice and legislative suggestions as well. It consists of two parts that is the introduction and the main body. The latter includes four chapters with a total of around 40,000 words. The introduction mainly deals with the intention of writing this paper, its significance and arrangement of the text. Chapter one is the identification of the robbery in households and that on public transport. The common between the two kinds of robbery is that the robbery is committed in a certain place. Since many problems are involved, we put aside one whole chapter to discuss it. As for household robbery, the author first analyzes the concept of household and points out that the term household refers to the place where a citzen has long lived or settled and that is relatively separated from the outside world. And the author believes that:1.Household robbery does not necessarily require that the intention of robbing exist before breaking into. Robbing intention following the entry into the household also counts. 2.Robbery of a specified third person in the household is also regarded as household robbery. 3.The identification of a conspirer is based on whether he/she has the intention of household robbery. Besides, the author comes up with related revision suggestions. Regarding the robbery on public transport, the author first defines public transport, with the understanding that it means the motor vehicle used by the majority of people. Then the author analyzes several related problems followed by advice and suggestion. Chapter two is about the identification of other serious cases. With respect to robbery of banks and other financial institutions, on the basis of discussion of its concept, the author argues that only under the condition that the robber knows clearly that he is robbing a bank or financial institution can this provision be applied and that the related explanation of the Supreme People's Court is inappropriate in stipulating too narrow a robbing target. With reference to many times of robbery, the author believes that the criteria for identification of one time should be in accordance with a complete crime, but...
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