Understanding And Application Of "Snatching With Lethal Weapon"

The item two of the 267th clause in Criminal Law states: snatch carrying lethal weapons, in accordance with the provisions of the 263rd clause convicted and punished. The 263rd clause of the Criminal Law is the robbery, for snatching with weapons, robbery should be convicted and punished. This is new robbery of a performance in the new Criminal Law, but also a unique form of expression for the robbery in China Criminal Law. "Snatch carrying lethal weapons" such acts in accordance with robbery convicted and punished ,its legislative intent of the act is that bring the weapon itself is a kind of coercion, snatching with weapons will have the potential threat to the personal safety of the victims, not only violated the property rights of others, but also poses a threat to the personal rights of others, and the harmful to society and personal danger is similar with robbery, to robbery conviction punishment, not only better for protection of a citizen's personal rights and property rights, but also more conducive for the fighting against crime.There are also some controversy in the specific application of "Snatching with lethal weapons" into a robbery, some issues have not yet taken shape generally accepted view, this would undoubtedly weaken the intensity of punishment in such cases in the judicial practice, which is why the " Snatching with lethal weapons "into a robbery in the theoretical study has very important significance.This paper is divided into three parts, namely the nature and the constitute of the item two of the 267th clause in Criminal Law, as well as a number of issues in identified for detailed analysis.In this paper, the first part is character analysis of the item two of the 267th clause in Criminal Law. First expounded on the academic controversy of its nature, and provides the content and features distinction of legal fiction and attention. Some people think it is the advertent code,and that carrying weapons snatch such acts of robbery itself, in full compliance with a robbery crime elements.The majority of scholars believe that the item two of the 267th clause in Criminal Law is the legal fiction terms, and the crime of robbery and snatch have clear distinction," the advertent code ", there is no need to pay attention to this setting, and "snatch carrying weapons" does not fully conform to the composition of elements of the crime of robbery. Secondly, I believe that prepared by the terms of the legal requirements, and its provisions as the basis for the legal fiction elaborate. Criminal Law provides for the crime of robbery and snatch, these two crimes in theory have no particular controversy and in practice it is not hard to tell, there is absolutely no need to set up the attention; academics generally believed that the item two of the 267th clause in Criminal Law is a transformed situation of the 263rd,into where the "snatch carrying weapons" is transformed robbery. There was no obvious difference between "snatch carrying weapons" into ordinary robbery and robbery in the benefits against the law. Snatching with lethal weapons acts were not in line with the Criminal Law of the 263rd robbery of the elements.In this paper, the second part is analysis of criminal element for "snatch carrying weapons" into a robbery, and in conjunction with the crime of robbery and snatch, analysis the similarities and differences between "snatch carrying weapons" and robbery and snatch in constitute of a crime. At the object of the crime, "snatch carrying weapons" into a robbery violations of the double object, not only a violation of public and private property rights, but also a violation of the victim's personal rights .In the criminal objective, "snatch carrying weapons" into a robbery performance for carrying the weapon's hidden, by people not prepared to openly seize private property.The main elements of the crime, its the same with the robbery, that is, 14 years old full and under the age of 16 should bear the responsibility of snatching with weapons.Crime subjective, "snatch carrying weapons " showed the deliberatly, and illegal possession for the purpose, and this "deliberately" apart from winning public and private property intentional, but also the intent to carry weapons.The third part of the article is of "carrying weapons snatch" in the concrete practice of justice and the recognition of the existence of the application on the issue. First on the "portable" analysis, "portable weapon snatch" into a robbery requirements refer only way to concealed carry, the victims do not know the situation, but not with such obvious show-carrying, or others not clearly evident, but to imply that the victims of the carriage, also asked to carry the weapon ready to use with the possibility. Secondly, to define the essence of the "weapon", the weapon has been used or is that desire for the attack, in nature or on the usage of equipment destruction to others, and weapons must be the perpetrator for the purpose of the attack, has been used to attack or desire for the apparatus. Third, defined the attributes of the "portable" and the "snatch", the author think that the "snatch carrying weapons" into a robbery of complex criminal acts, including two on the meaning of the Criminal Law, acts that carry weapons and seizing property, and between these two acts have time, its violations of the object is double object, both public and private property rights and the victim's personal rights, and thus the "snatch carrying weapons" into a robbery of the perpetrators of the complex conditions and characteristics. Fourth, to define the "snatch carrying weapons" into robbery occurs standards, its completion should be the implementation of the perpetrator snatch property acts, and the acts is only a transformation of a statutory conditions, snatch act does not required relatively large amounts must be met. Finally, the " snatch carrying lethal weapons "into a robbery of an accomplice to that problem, and mainly focused on the rehabilitation of offenders principal succession issues, I believe that if a person carrying the weapon and the other based on a common crime intentionally seize property, even the person with the weapon did not act together and seize the property, they still set up complex acts committed inherited perpetrator.The item two of the 267th clause in Criminal Law of the narrative is too simple, understandable by people epitaxial more broadly, and in the case of judicial practice complicated, and the theoretical circle on conversion robbery of more concentrated in Criminal Law 269th, the item two of the 267th of the study are not mature. Some problems of this section in the application of that exist in unmanned also discussed, "snatch carrying weapons" into robbery explore a certain theoretical significance and practical significance. In this paper, analysis the nature and the constitute of the " snatch carrying lethal weapons "into a robbery, and analysis a number of issues in understanding and application of the existence,to be identified with a view to understanding the law and judicial practice used in the process can really carry out" principle of legality "and "adapt to the principles of criminal responsibility" to achieve real equality and justice.