Probe Into Some Key Problems Of Nontypical Robbery

The 269^th Item of the Criminal Law in China stipulates that those who commit theft, swindle and robbery, and are violent or threaten to be violent on the spot to conceal booty, resist arrest or destroy proof will be imposed a penalty according to the 263^rd Item of the Law. In the criminal law theoretical field ,there are different opinions .Some scholars call them transferred criminals; some think that they are not standard transferred criminals, and they should be would-be criminals; some consider the 269^th Item as a law proposal ;the scholars in Taiwan call them pursued criminals. But in the judicial practice, they commit would-be robbery. My essay discuss about the elements, the legalization of the serious crimes and other legal problems.At the same time, the traditional criminal law of China stipulates that those who want to possess things illegally and rob large sum of private and public possessions in public and without being noticed commit robbery. The traditional criminal law of China and the law in 1979 don't distinguish whether the criminals carry a lethal weapon, but the 267^th Item of the Criminal Law in 1997 stipulates that those who rob with a lethal weapon will be convicted of a crime and punished. The 263^rd Item stipulates the penalty of the robbery of private or public possessions with the violence, threat or other methods. The robbery is transferred whether the doer carry a lethal weapon, so it is called transferred robbery, which is very common in the judicial practice and has different cases, but the stipulation in the 2^nd Item is so simple that there are different opinions , so the author study it to perfect the determination of the transferred robbery .In addition, as the robbery in the driving cars are becoming more and more serious, it is necessary to reexamine the legal application of the robbery in the driving cars in the judicial practice. Regarding the relation between the robbery in the driving cars and robbery with a lethal weapon, I discuss about the robbery with a lethal weapon at first.It is necessary to point out that I can't discuss about the nontypical robbery wholly in the essay, only focus on the penalty change problem involved in the 269th and 267^th Item in the Criminal Law in China and the robbery in the driving cars selectively to perfect the legislature and make the judicial practice more practicable. The essay can be divided into five chapters. The first three are about the 269^th Item, the fourth chapter is about the 267^th Item and the fifth chapter is about the legal application of the robbery in the driving cars.