The Research On Uncommitted Robbery Crime

Both in criminal law theory and jurisdictional practice, there is a lot of controversies on the definition of robbery crime. The definition of uncommitted robbery is one of the controversies. This article analyzes the relevant issues on uncommitted robbery based on the existing research results in order to provide some helpful opinions to criminal law theory and jurisdictional practiceThis article consists of 3 parts besides the preface.The first chapter generally introduces the uncommitted robbery. In this part, the writer gives the definition and characters of uncommitted robbery based on the simple introduction of major theories of uncommitted robbery. The article says the phase of uncommitted robbery is the situation in which the behavior of robbery has already begun but failed to fulfill because of non-intentional reasons.The second chapter is about the definition of the"commence"of the robbery. This part analyzed the standard of robbery crime with the concepts and theories of"commence". The writer says the commitment after"commence"does not mean it in accordance with the necessity of the crime. It has to the behavior of violation on the rights of laws. In another words, the"commence"of the robbery has to be the behavior of violation on the rights of laws.The third part discusses the standard and the ways to distinguish between the uncommitted robbery and committed robbery. By introducing the existing opinions on distinguishing between the uncommitted and committed robbery ,this chapter gives the opinions that the standard to distinguish between the uncommitted and committed robbery should base on the fact that the legal right has been violated or not. Meanwhile, based on the standard, it analyzes the judging standards on common robbery, serious robbery and transferred robbery according to the law articles on robbery crimes.