Researching On Some Problems About Crime Of Forcible Seizure

Spoil our criminal law, sin is the fifth chapter of the property of the offences, is stealing and robbery of a crime form. In recent years, with our social and economic development, and spoil the crime as a direct violation of property rights of citizens of the crime, the amount of rendered is so high, seriously affecting the masses. The security and dolphins,as the common type of property crimes in the judicial practice, often because of sin of rob implications and range understanding existed, to rob the crime and crime and crime, the present problems occur more controversial, even misjudgment. This article intends to rob the crime from the concept of constructive conditions, and further study and explore rob crime, As the provision of Article 267 and 269 of the Criminal Law, the two paragraphs and definition of understanding and judicial that an initial analysis and consideration, and crime and robbery, ltd robbery, theft, looting gathered crime of picking quarrels and provoking troubles and other similar on the difference between a and line with the law in handling cases practice rob some help.This article mainly by the force of the basic theory, rob guilty of an offence constitutes a guilt robs the research and rob sin and related criminal justice as "four parts. From robbing the first part of china's basic theory, paragraphs relating to the guilty criminal code or the terms of the legislative process, compared with year 1979 criminal law in criminal law and relevant provisions of the difference, and our national, regional and other relevant laws, or where a brief analysis of the concepts and attributes, and by comparing year 1979 criminal law article151 of the criminal law, article 267 and 152 of the year 1979 criminal law. With criminal law, the two penal code of legislative or associated with crime the punishment is set.The second part of the major study of the sin of rob, steal the object of study was characteristic, objective and subjective the main features and characteristics, initially expounded that the crime or crimes pose a theory, and constitute a crime to the question of preliminary study of the spoil, further clarify the relevant judicial that standard.The third part, article 267 of the Criminal Law two paragraphs and understanding and the definition of that understanding and the analysis and study, the scholar in the different views, discrimination weapon, carrying and violence, threat of violence and other key words in content, the relevant judicial practice and case, About the robbery and carry weapons for the harbor stolen property, against catching or destroy evidence, or in the use of violence or threat of violence and acts of law applicable to define and briefly, further analysis of the relevant legal provisions of the type of robbery the theory.The fourth part of the main target the judicial practice common, and easier to rob guilty confusion three, it is a typical case study, from the beginning of the age of criminal responsibility of different elements of crimes subject, not identical, the objective conditions vary with the figures for different aspects distinguish the force crime and robbery from a prior to discuss whether, had shared willingness to plan and criminal responsibility of the main difference on the distinction between crime and looting of danger or Different from the object and specific behavior of differences and subjective aspects of the differences between crime and crime of picking quarrels and provoking troubles ,briefly to the analysis and study.