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Talk About Several Questions Of Robbery Crime

Posted on:2005-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y P HuangFull Text:PDF
GTID:2166360182967867Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Robbery is a kind of multiple crime. It does a great of harm to society because it is a complicated issue. In Law there are many judicial procedures worthy of studying. In particular, where the second item of article 263 in the criminal law is concerned. Robbery is a kind of action of grabbing the belongings of citizens or collectivities on the purpose of accroaching, by means of violence or by menace of violence. Robbery is a sort of severe violent crime which is very harmful to society because it not only infringes citizens' property rights but also life rights. All through the ages, it has been the specifically attacked target in the criminal law of our country. The special type of robbery crime includes such forms as aggravated crime, transformed crime and would-be robbery crime. The second item of article 263 and the article 269 of criminal law, mainly involved the types of transformed crime and would-be robbery crime. There are some disputes between the related problems of the special types mentioned above, and often directly, they are closely related to other theories of criminal law. This research paper emphatically studies several questions in the special types of robbery crime.Chapter one expounds the aggravated robbery crime and the apprehension of the contents about the aggravated types of robbery crime and its applicable sphere. Article 263 of criminal law has carefully defined seven kinds of plot and a kind of result of aggravation. As to the aggravated type mentioned above, there are some disputes whether in theory or in practice. This chapter emphatically analysed the two kinds of aggravated types of " room robbery " and " public transportation robbery" I think that room refers to a resident's house or a would-be house, it should not include public places. Public transportation refers to such vehicles as automobiles, steamers and planes that are engaged in transporting citizens and under operation.Chapter two expounded that carrying lethal weapon to rob should be defined as robbery crime. Firstly, the lethal weapon is defined as those utensils which can make people produce fearful psychology and which has heavy lethality. Secondly, what iscalled carrying should not be considered as a pure objectively holding but must be accorded with the principle of the unification between subjectiveness and objectiveness. On one hand, so-called carrying means that the carrier showed the lethal weapon clearly,otherwise, the carrier should not be punished according to this. On the other hand, the actor really commits robbery by means of the lethal weapon, but has no intention of carrying lethal weapon. This chapter also questioned the rationality of legal principle of the item of article 267 on criminal law. For example, the chapter questioned that criminal law has not made detailed regulations that carrying lethal weapons robbery should be condemned as robbery crime. As a result, it is difficult for a justiciary to practice condemning criminals concerned. The author thinks that roughly making this regulation is unfavorable to deal with the judicial practice, to attack the crime and to ensure human rights correctly and that carrying the lethal weapon and grabbing is dealt with robbery crime is objective. This chapter aslo points out that some questions should be paid attention to in punishment by robbery. l.The actions of carrying lethal weapon practicing robbery is dacoity but not plunder.2.There is not necessary for condemning a carrying lethal weapon robbery crime with a great many of properties lost.Chapter three describes the transforming type robbery crime. It analyses the applicable situations and characteristics of transforming robbery crimes and the issues on how to apply " aggravation plot " . This chapter Points out that the transforming type robbery crime must possess the following condition .l.The actor must implement any kind of criminal offence of stealing, swindling or grabbing. 2. The actor must use the violence on the spot or threaten victims with violence. 3. The actor has used the violence or threatened victims with the violence and the suspect must have committed a crime for sheltering the booty, resisting being arrested or destroying the evidence of a crime. This chapter also analysed the relations between the previous action and following action in the special type robbery crime.Chapter four especially described the problems about accomplished and abortive robbery crime of special type. I think, like other property crimes, there is also abortive crimes in the special type robbery crime. This chapter discussed the significances ofthe problems on how to apprehend the accomplished, the abortive crimes and the aggravation plots in concrete crime and also discusses the relations between the problems above. In section two of chapter four, the author Enumerated four standards and agreed to the view upon "that possessing aggravating plot is indispensable for condemning severely punished criminals, but the corresponding basic crime action may not be implemented under the case of possessing aggravating plot. Therefore, abortive crime is also likely in this case.Finally, the accomplished standards of the special type robbery crime mentioned in the text have been carried on the analysis item by item.
Keywords/Search Tags:Aggravated Robbery Criminal, Would-be Robbery Crime, Transforming Robbery Crime, Accomplishment and Abortion of Robbery Crime
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