| Robbery is a common and serious property crime, which has always been concerned by China's Criminal law scholars. Since robbery is divided to details of eight aggravating circumstances in the new Criminal Law in 1997, there is controversial on how to understand and apply these eight aggravating circumstances. For unity, The Supreme People's Court promulgated the"Explanation on Some Issues Concerning the Application of Law about robbery trial"on November 28, 2000 to definite some of the contents, but that could not completely eliminate the differences. On June 8, 2005, the Supreme People's Court has also released a Judicial Interpretation"Several views on the issue concerning the Application of Law about robbery and Snatch trial"to make further explanation on some controversial issues. Based on results from previous studies, the article studies the understanding and application of eight aggravating circumstances and controversial issues in justice. The basic framework and main contents of the article are as follows:Partâ… :Aggravating circumstances outlined in robbery.This part discusses two issues: First, the concept and types of aggravating circumstances of robbery. Robbery aggravating circumstances are facts of upgrading the robbery penalty stipulated by the Criminal Law. These aggravating circumstances can be divided into four categories in theory: the first category is location. It means to increase its statutory sentence of robbery because of the legal place, including Burglary and acting in public transports. The second category is target, which means to aggravating sentence because of the statutory target of the robbery. It includes robberies at banks or other financial institutions, robbing military supplies or rescue, disaster relief supplies. The third category is the results. The results occurred in the course of the legal outcome of the robbery. That includes robberies which resulted in injuries and deaths or huge amounts. The fourth category is the way of behavior. Because of the way of behavior of robbery, the sentence of the crime should be increased, which Includes impersonating police, armed robbery and repeatedly robbed as robbing. The second is the purpose of research. The purpose is to sentence correctly and to find the cause of making the eight criminal cases as aggravating conditions. Otherwise, it will be difficult to make a correct definition of the circumstances.Partâ…¡: To define and understand the aggravating circumstances of robbery.This part is the focus of this paper. I discuss eight aggravating circumstances according to aggravating types.(â… )Location aggravating circumstancesâ…°. Focusing on the Burglary, I discuss the following three key issues: firstly, how to define the"households"in burglary. The second is the definition of"entering". The third is how to transfer households to house robbery. The author believes that to identified burglary need the following three points: Firstly,"households"has the same meaning with"home", and"households"refers to the scope of the family home; Secondly, to limit the way of"entering households". Only entering households with the criminal purposes could be defined as burglary. Third, it should be required that violence, coercion and other means take place indoors.â…±.On the"robbery on public transports", I focus on two controversial issues : First, if robbing on the small taxi is robbery on the public transport? Second, if it includes robbery on the operation of public transport journeys. I believe that to identify robbery on public transports should follow two points : First, public transport should be bearing the majority of large and medium-sized passenger cars, trains, ships, aircraft and other transport, and robbery on the small taxi isn't robbery on the public transport. Second, the above is to be operating in the transport, if non-operating transport robbery occurs, it is ordinary robbery.(â…¡)The targetsâ…°.On the"robbing banks or other financial institutions", I focus on the scope of"other financial institutions", the targets of robbery, how to define"customer funds"and other issues. In my view, this should be understood as robbing operating funds of banks or other financial institutions, and includes robbing money-carrying vehicles. It isn't aggravating circumstances to rob office supplies and personal money.â…±.On the"robbing military supplies or rescue, disaster relief supplies". I discuss the scope of military materiel and if the perpetrator knows that the material is for the specific purpose.(â…¢) The resultsâ…°. On robbery resulting in serious injury and death, the article discusses the nature of robbery with murder as a means. Robbery that is resulting in serious injury or death includes acts of negligence and acts of voluntary manslaughter. It also includes both the voluntary manslaughter in the course of a robbery victim to subdue resistance and using violence spot for harboring stolen property, resisting arrest or destroying evidence in the implementation of theft, fraud, grabbed process.â…±.a huge amount of looting.The enormous amount of looting focuses on the"enormous amount". Whether it is a purely objective conditions or with the subjective evaluation factors? I think we should regard it as the standard that whether the actor grabs the enormous amount of money. If it doesn't grabbed the enormous amount of money or no money, As long as there are no other aggravating circumstances, it will only be dealt with by ordinary robbery.(â…£)The way of conduct â…°.On repeatedly robbed or robbing a huge amount, I definite robbing once and questions the rationality of legislation about repeatedly robbed. Meanwhile, I discuss whether the"enormous amount"is a purely objective condition or the subjective evaluation factors. In my opinion,"repeatedly"should be on the premise that every action constitutes a crime, and we should consider the perpetrator time, location and other factors. The continuing offense can be deemed to rob once.â…±.on robbing of impersonating police officers, I believe that the target is posing as soldiers or police, the ways usually concludes bogus dress, to produce false documents or oral declared. To demonstrate that they are military and police personnel to victims includes non-uniformed officer posing as a police officer. This also includes the identity of the uniformed police officers posing as the other types. As for pretending extent, it doesn't require achieving the true extent of the victims as long as it is dominated with intent of posing as police officers.â…².On the definition of robbery with gun, I define whether the gun concludes fake gun. Robbery with gun means the actor shows guns to victims or uses guns, and the gun must be real guns.partâ…¢: to improve legislation of aggravating circumstances of robbery. In this part I discuss two issues: the first, legislative defects analysis about aggravating circumstances of robbery. I analyze the defects of robbing repeatedly and robbery of impersonating police officers. The Second, I try to improve legislation of aggravating circumstances of robbery. Based on the assessment above, I take some advices on improving legislation. |
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