On The Affirmation Of Aggravation Details In The Offence Of Robbery

Starting from a disputable case in real life, this paper illustrates the aggravation circumstances of robbery. It is believed that aggravation details in the offence of robbery is not only the objective situation of the description of the charge in an indictment, but also should be a new criminal course formed based on the basic composing of the offence of robbery. It is also required that the subjective and the objective be consistent among different components of the offence of robbery. Therefore, the affirmation to the offence of robbery aggravation details not only need the objective situation of the description of the charge in an indictment, but also need corresponding subjective factors and infringement degree to the legal interest. This is a legal judgment course of the mutual unification in the subjective and objective factors. The paper is divided into three parts. The first part is proving the nature of felony-circumstances is felony-constitution from the aspect of the principles of criminal law. The base of punishment is the need of revenge or preparation for the criminal quality which threaten the social safety; that is the reason for the requirement of the conviction or punishment should according with the law. Concerning with this consideration, the design of felony-circumstances what gives crime a heavier punishment which is out of the basic criminal quality of this crime is just. As the final reason accelerating the formation of the system of the crime-constitution which is a kind of model and grade of conviction of crime, the principle of a legally prescribed punishment for a specified crime becomes the median of criminal quality written in criminal law art ides and the median of standard for judging the criminal quality of law-maker. In the second part, the identifying of felony-circumstances should be accordance with the union of theobjective and the subjective with the consideration of the just of constitution elements, can the practice of punishment be fair and right, achieving punishment accordance with the crime, because the union of the subjective and the objective is the right reflection analyzing. And the last part,"Intruding into another person's residence to rob", "Robbing on board the means of public transportation","Robbing a bank or any other banking institution"according to the principle, and other five felony-circumstances of robbery.