Offense Of Robbery Theory And Judicial Hard Problem Research

The offense of robbery is one kind of the multiple criminal offenses in social life, its perniciousness is huge and the hazard of the crime to society is serious, so it always is the focal point of law criminal attack in our country. However, there still exists some great dispute to some questions of robbery offense to the fundamental research and the judicial practice in the criminal law. In order to maintain the legal authority and judicature unity, it is necessary to do some further research on these questions. This article is to make some further discussion from the five aspects and put forward some own opinions based on the former senior's research: the present legislative situation and its evaluation of robbery offense, the law profit of the robbery offense and the definition of crime objects, robbery crime quantity, the robbery aggravation situation recognization of robbery offense, the situation of consummated crime and attempted crime.The first chapter of this article bases on the discussion of the present legislative situation to the robbery offense in our country and thinks that the accurate offense of robbery, the transformational offense of robbery as well as the death penalty to offense of robbery have the legislative flaw, and proposes some related suggestion . The second chapter firstly defines the law profit limits of the robbery offense (i.e. offense of robbery criminal object) , which belongs to the dual law profits (mainly the public and private property rights, secondary the personal rights); Then defines the robbery crime objects, thinks that the real estate, the contraband things and illegal obtained property, the network hypothesized property, the property benefit, the electric power, the gas, the natural gas and so on , own belongings can be the crime objects of robbery offense, but the intellectual property rights has related stipulation, so it cannot become crime object of robbery offense. In the third chapter, in crime quantity , firstly thinks that the offense of robbery belongs to the part union crime commit(部分结合犯), in this way , the article denies those who formerly absolute thought that the robbery offense was the union violation(结合犯)or not. Then carefully do some research on the three following situations: homogeneous several crimes, heterogeneous several crimes and killing crime in the robbery. The fourth chapter mainly discusses the eight kinds of aggravation situation recognization and many viewpoints provided some reference proves in this part for the judicial practice. In the fifth chapter , proposes some reconsideration to the dispute of differentiate criteria to the consummated crime and attempted crime and thinks that these disputes are due to their different differentiate criteria, so we should firstly integrate the standpoint to them and finally analyses each differentiate criteria and then put forward own individual criteria.