Research Of Difficult Questions On Determination Of Crime Of Pillage

As one of the most serious crime trespassing property and personal rights, crime of pillage has been always the key striking object. The current Criminal Law of China also regards this crime as the first one in crime of trespassing property rights. Therefore, to determine it correctly is significant to strike crimes. However, for the clause of this crime is briefly set and the article itself is amphibious, there is not a general agreement on the object of robbery, the difference between attempted and accomplished, the composition of transferring to robbery, housebreaking, etc. in theoretical and practical fields. On the other hand, robbery happens very often in our daily life, and there are various types, so it not easy to regulated by act or interpretations of law. This makes confuse in determination of the crime to some degree. So the author takes a deep research on this question, hoping to do some help to the practice and theory in crime of pillage. From my research, I think:1,The object of crime of pillage includes person and property .And we should understand property within three points. The first is the property should embody the benefit which is protected by criminal law; The second is it should haw some value, but the value may be objective or subjective; the last is the illegal possession of the property resides in the tranmition of it. So all the real property, illegal property, contraband, due bill may become the object of this crime.2,Transfer of the crime of pillage should have three terms. First is the favor hasimplemented any type of theft, swindle, dispossession. Second is the favor has taken violence to the victim dimly when he has been discovered at the venue and daring the process of arresting. Third is the aim of violence is to shelter the spoils, counter the arrest or destroy the evidence.3,The standard between the attempted and the accomplished of this crime should base on the whole elements in the criminal law. All the three types of this crime have the attempted form, and the judge norm should be whether the criminal has illegally possessed the property of the victim. However, there is something different in the transfer of this crime.4,"Housebreaking" should be defined as the actor enters into the private domicile or else like illegally. To transfer to housebreaking, there are two conditions. The first is the actor should takes violence within the domicile, and the second is his aim is to shelter spoils. Determination on whether the crime forms a housebreaking is also based on practice, and it may be decide by the principle of unification of subjective and objective.