Legal Analysis And Reflection Of Li Li's "Bank Robbery"

As an university student whose graduation was postponed, Li li was short on cash and felt greatly pressured in mind. The difficulties and frustrations in his life prompted him to plot and conduct the robbery of the bank, which, after being reported by the media, aroused extensive concern of all circles of the society. People are very sympathetic with Li li's situation, meanwhile they are more concerned about the guilt he is accused of. About the case, what were heatedly debated by the experts in law and people from other walks of life are mainly focused on whether it belongs to the crime of robbery or the crime of kidnap, and how to deal with sentence criterion, etc. After the verdict of the case was made by People's Court in Haidian District, such dispute becomes much more intensely rather than quieted down.In this thesis, the verdict of the case is evaluated and weighed, and the judicial problems reflected in the case is analyzed and explored. The main questions involved are:1) What is the relationship between the bank and the kidnapped customers? 2) How to ascertain the behavior of the bank clerk who give the money to the intruder? 3) Whether it is merely one crime or the most important crime to judged? 4) Whether the sentence criterion is too high?In order to resolve the theoretical dispute on such kind of problems, better process the difficult problems in the process of judicial practice, and conscientiously implement the statutory penalty principle of the criminal law and the principle of adaptability of crime, responsibility and penalty, within the framework of current criminal law theories and legal regulations, the thesis reckons that we cannot deny the establishment of Li li's guilt of robbery merely by taking it into account that in the process of his robbery of the bank, he performed the behavior of abducting the hostage who happened not to be the bank clerk. Although, Li li belongs to the person of capacity of limited criminal responsibility when conducting crime behavior, it is still not appropriate for him to be given sentence criterion under the statutory penalty of his crime of robbery, compared with the crime he commit.