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The Transformation Robbery Studies

Posted on:2008-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhongFull Text:PDF
GTID:2166360242464994Subject:Law
Abstract/Summary:PDF Full Text Request
The transformation robbery is more than one kind of sending specially robs the crime. Regardless of is the criminal law study theory or the judicial solid service department with is suitable the question regarding this type crime constitution also to have a greater dispute. The paper first uses the statistical analysis method, carries on the analysis to the transformation robbery in the suitable situation, and the union was actual to the hard problem which appeared in the judicial practice has carried on the discussion, finally had pointed out the present criminal law to its stipulation existence flaw, then carried on the comparison to its legislation, finally, put forward the corresponding legislation proposal in this foundation.China's current Criminal Code section 269 provides for conversion of robbery, also known as the prospective robbery, after the robbery. As a special type of robbery in theoretical circles and judicial departments of Practice for this type of crime have a larger controversy. Robbery on conversion of the main issues discussed from the level of legislation and judicial practice in the controversial two-pronged. Robbery on conversion of the legislative investigation into China's transformation of robbery on the legislative history and legislative provisions of the foreign comparative analysis. In judicial practice, the conversion of robbery main controversial conditions for the establishment of larger. The precondition for the objective elements, the main conditions, the subjective elements such as a controversial one by one expositions assessment. Transformed robbery difficult problems in the application of this type of crime, mainly in the "spot" aggravating circumstances justice and the recognition of the problem.Through several aspects discussed above, can be a clearer grasp of existing legislation on the transformation of the robbery defects, and ultimately to improve the conversion of robbery legislative proposals provide a basis.
Keywords/Search Tags:Transformation robbery, Constitution condition, The difficulty recognized
PDF Full Text Request
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