Study On The Prerequisite Conditions Of Quasi-Robbery

Robbery is a common and frequently-occurring crime. It has been deemed as the center of strike by Chinese criminal law because it not only violates the public and private property rights, but also violates the personal and health rights of citizens.Now, there are four articles in Chinese criminal law relating to convict an act as robbery: Article 263----those robbing public or private property using force, coercion, or other methods, Section 2 of Article 267----whoever commits the crime with a lethal weapon, Article 269---- whoever commits the crimes of theft, fraud, or forcible seizure, and uses violence, or threats to use violence, at the scene in order to conceal booty, resist arrest or destroy criminal evidence, and Article 289----In cases where public of private property is destroyed or forcibly taken and carried away, ringleaders, in addition to the ordering of restitution of compensation, are to be convicted and punished according to Article 263 of this law. The acts in last 3 articles are expressly stipulated by the law that these acts should be convicted and punished according to the regulations in Article 263. These acts are also called as"quasi-robbery"and they are the research focus of this paper.To convict a crime according to Article 263 should meet the prerequisite of the law. It can be said that the prerequisite of quasi-robbery is the point of grasping this kind crime. Because the judicial practical circles have different understanding on the prerequisite of quasi-robbery, it is difficult to set up a universally accepted standard to apply the stipulations of the prerequisite of quasi-robbery and to comprehend the related regulations of this kind of crime. So, how to apply these regulations is a big challenge to the judicial practice. Though the constitution elements of quasi-robbery has been paid much attention, there has been no systematic research on the contentious clauses on law appliance and legislation perfection of legislation on the prerequisite of quasi-robbery and other related difficult questions.From the perspective of a judicial practicer and the definition and history development of the quasi-robbery, this paper, combining concrete cases, elaborates the prerequisite and characteristic of quasi-robbery, the difficult parts in applying the clauses, the criminal from of the former acts and progressive acts, the criminal subject and crime numbers of Article 289 and the"lethal weapon"and"carry"in Section 2 of Article 267. This paper also analyzes the disputing parts in the nature and scope of the former acts in the prerequisite of quasi-robbery. The author suggests that, for the first problem, the Article 269---- whoever commits the crimes of theft, fraud, or forcible seizure should be modified as"whoever commits theft, fraud, or forcible seizure"; for the second problem, the scopes of the former acts of quasi-robbery should be enlarged and these specific acts of theft, fraud, or forcible seizure, for example, theft of credit card, raising funds by fraudulent means, getting credit card by fraud means, should be included in the scopes of quasi-robbery to regulate.