A Study Of The Fund Amental Problems Of Robbery

The offense of robbery is for the purpose of illegal possession, On the use of violence,coercion or other methods, forced from the public or private property. Robbery is more and more serious harm in our country, however, in theory and in practice there are some unsolved problems. This article attempts to study the theory system of offense of robbery, and it's difficult problem, based on this to perfect the offense of robbery system theory. Therefore, this article discussed from the following four parts.The first part, this part mainly discuss the offense the concept and the nature of robbery. Although the concept has the different turn of expression, but its essence is close: gains the belongings through the victim person's threat. What needs to pay attention, generally the offense of robbery aims at the victim the person to implement the violence, and plunders victim's belongings on the scene. At the same time, the offense of robbery is an result commit, namely some legal interests must be violated can be regarded as crime, including personal interests and property interests. But gain the belongings do not as the sole criterion the offense of robbery. What offense of robbery infringement is the property and the person dual objects, therefore, any object suffers the harm to constitute the accomplished offense.The second part, this part focuses on the elements of the crime of robbery, how to definite the property interest, how to qualify the looting of robbery, how to understand the subjective purpose of robbery, and so on. Many other issues are the main points of the chapter. The purpose of this chapter is to straightforward sketch the constitutive elements of robbery, prepare for applying of robbery theory.The third part, the main discussion of this part focus on the constituents of aggravated robbery and the constituents of commits that punished as robbery. The criminal law had stipulated eight kinds of aggravation offenses of robbery, each kind exists some problems need to clarify. Moreover, the criminal law had also stipulated some behaviors should punish as the offense of robbery, therefore these behaviors'characteristic should also perform to discuss carefully.The fourth part, mainly discusses the relations of offense of robbery and other related crimes. Mainly involves to the kidnapping crime, extorts the crime, the mooching crime. Because s In confirmation process these crime easily confused with robbery, therefore discusses them in detail. This part also includes the discussions of some dispute big cases.