The Crime Of Robbery

Robbery, a frequently-occuring Crime in society, not only invades people'sproperty but also threatens personal safety. So, in the theoretical field and judicialcircle have paid more attention to the research on the crime of robbery and therehave some achievements. Now, our country's Criminal Law has provide the robberycrime with the character of the underworld clearly, and then the related judicialinterpretations and legislative interpretation had a very important role in the judicialidentifications of robbery crime with the character of the underworld. But it is a pitythat these codes can not convey the contents and specifications vividly due to thesimplicity of laws. That is why the discussion about robbery crime is neverstopped. Now a lot of theorists have paid a great concern and have done fullyresearch on the crime, and also achieve more consensus of the robbery crime crimewith the character of the underworld, such as the law of development, types of crime,patterns of crime, and measures of control. But there exist a great deal of disputesstill. Is there accurate concept in our country now? Special materials can beobjectors of the robbery crime? How to identify the serious situations of robberycrime in Criminal Law of 1997? How to identify the crime If transformed robbery,etc?The essay consists of inroduction, body and conclusion.In introduction, there is a simple exposition on legislation development ofrobbery, purpose of research and thought.The theory is divided into four parts about robbery crime as follows:thelegislation development of robbery. In this part the author mainly introduce the legislation development of robbery, as a kind of old crime. And the author set forththe definition of robbery: robbery is a kind of act of robbing other's property on thespot by violence, menace or other methods in order to occupy it illegally. Parttwo:the constitute characteristic of robbery. In this part, the author analysis thecharacteristc of robbery from the four aspect of robbery constitute and brings upsome Standponits trying to solve the problems in the judicatories practices. Firstlythe author analysis the theories controversy of target from the society relation andthe method benefit, deciding property right, the main object, is the characteristicswhich differ from other crimes. This the key discussed at the very beginning of thearticle. The author also analysis four materials, such as real estate, promissorynote, contraband, booty, thinking them can be to crime object of robbery. In thearticle, the author also touch the connotation of violence, threat and other ways. Tothose under age, especially from 14 to 16, their actions are not so serious, thougttheir actions are suited for robberry crime, it should not be considered a robberycrime. Force should be active and suggestion force may become the objective side ofrobbery crime. Then author brings up some Standpoints trying to solve the problemsin the judicatories practices. Part three: how to establish aggravatingcircumstances? As a result of the major amendments to the 1979 Criminal Law, the1997 criminal law has become more operable, but controvertical issues do exist inimplementation, the autor will be analyses some of these issue, and also have ownopinions in this article. Part four: on the determination of crime of transformedrobbery, in prior condition, the act of steal, fraudulent act, and act of seizing by forceoccurred in advance were not request that these acts have constituted crime of theft,crime of swindling, and crime of seizing by force; undersome particularconditions, practice other special types of act of steal, fraudulent act, and act ofseizing by force also can constitute the crime of transformed robbery; in objectiveterms, we should have new cognitions of "spot" and "violence"; in the aspects ofsubjectively, the behavior's purpose should including hide the booty and resist tograsp or demolish the offense cerificate and the purpose of illegally occupancy;"offensive weapons" should be classified by innate characteristic and method ofusing; offensive weapons should be classified by innate characteristic and method of request that behavior instruct or imply to the victim that he or she is bearingoffensive weapons.In conclusion, I reaffirm the necessity of studying the robbery crime. And itneeds the lawmaking perfect.