Research On The Legal Benefits Endangered By Robbing Crime

Robbery is the current judicial practice of multiple, and knotty one of crime, criminal law scholars for a long time attached great importance to its research, and have made some achievements, but because of a criminal offense in the object theory carding and the functioning of the judiciary in the tremendous value insufficient understanding, or a crime in the fundamental system of denying the object of the crime element, or General in the Criminal Law and stressed that the object element in the theory of the crime in the footnotes to a stroke with the frivolous, resulting either in theory or practice, often will the lack of self-consistent theory of logic and justice guiding significance, it is necessary to object to a robbery theory in order, effective solution to the disputed issue. Robbery is the double criminality object to assault as a means of violating property for the purpose, which is the main object of property rights, personal rights and interests are secondary object, which is the basic nature of the crime of robbery by the decision. In Qinfanrenjuanquan Lee understanding, and means to act only against each other to the extent of inhibition, as Qinfanrenjuanquan be beneficial. Therefore, only robbery profound understanding of the object's internal structure and logic sequence, the object can be effectively utilized to solve the robbery theory of difficult problems.In this paper, in addition to the preamble and the conclusion, the main part of the three chapters, and in the following points:The preamble of the first, the preamble of the main research robbery on the importance of the issue of the object and the object of this paper from the general theory, the object of the robbery theoretical order, and use the theory of the object for analysis of difficult problems writing ideas and logical structure .The first chapter outlines the object of the crime. This chapter is divided into three, section I first expounded China's criminal law scholars on the main concept of the object crime perspective, "said social relations", "right", "legal relationship", "social benefits" and "Law Yi said" , the author endorsed the "legal interests", saying that "legal interest" will be the object of the crime interpreted as protected by the Criminal Law Act benefits to more scientific concepts, contents of the object can be avoided crime of the spirit. On the one hand, because the community is the people-to-people relations between the ties, which is not specific and realistic, but abstract. If the object of the crime is a crime elements, and element is the need to recognize, then in itself should be a specific, objective things. On the other hand are usually people that the object of the crime is a crime violated by acts of social relations, and includes the concept of "abuse" and "threat", which in itself shows that the threat is against an objective fact that the concept of causality, it is certainly the object of crime the objective is really something, and it is impossible concept of a product. In short, the interests of objectivity and truth, the violation or threatened by the always interest, not what social relations. Relations difficult or even impossible to have been violated, the object will be defined as a crime of benefits, and can avoid the complexity of the object concept. Economic crime as an example, as economic crime encroaches on the interests of the community, so it is bound to involve multiple social relations, and legal interests is a single dimension, that is, every single one of the benefits are not as multiple understand. At the same time law is specific benefits, the benefits of understanding can not be abstract and arbitrary interpretation of the expansion. But will the concept of crimes defined as the object of benefits, and ease of handling a crime in the sub-complex situation, more comprehensive. Section II is the object of epistasis on Crime concept. The object of the crime is essentially Act benefits, but the benefits of a broader scope, where the interests protected by the law known as Act can be beneficial, a scholar of benefits will be defined as the basic principles in accordance with the Constitution, the protection of the law, objectively, could be violated or the threat of the life of interests. Because of the Penal Code and other laws to protect the interests of all benefits, such as the protection of property subject to criminal law, of course, the benefits of belonging to criminal law, civil law but also the protection of property in the Civil Law Act is beneficial. Only criminal acts and violations of the Penal Code for benefits, which are protected by law in order to become the object of the crime, therefore the object of criminal law is the concept of higher-level benefits. Based on this, in my view, will be the object of the crime defined as protected by the Criminal Law Act benefits, and more accurate. Finally the author of the crime in the third quarter of the object function and role of the two most important functions, the evaluation function and convicted function, which is the object of criminal offenses constitute a normative evaluation factor, plays a role in regulating the evaluation, although China a crime is an entity, acts constitute a crime on the whole is unlawful, it will complete a standardized evaluation, but does not exclude the internal norms in crime constitutes an element of evaluation factors as exists. China's criminal law theory that crime constitutes organic unity of the common elements of the crime revealed established at the same time, each with different functions and separate crime could not explain the establishment. Therefore, the elements of a crime both in theory as a whole, the elements also have a certain independence and have independent functions. Elements of a crime is not just simple facts judgment, but also contain elements of evaluation norms. Moreover, the only provisions of the Criminal Code on criminal objective is not sufficient to complete a comprehensive evaluation of the crime. Therefore, the object of the crime as a crime in standardizing evaluation factor, it is completely necessary, it is criminal law the protection of human rights constitute a crime in the field of expression.Chapter II of robbery crime carding a theoretical object. Robbery is the first demonstration of double object, the model described in the sense of the object, it should be up to all of its cases, where possible violations of the law of their respective beneficial for the intersection between the set - is a crime in all circumstances necessarily violations of the law benefits , and the benefits of the Act to determine the nature of the decision is indicative of significance in this premise of the Act to distinguish between the beneficial is the singular (simple object) or plural (complex object) morphology. Of course, "all", but legislators and jurists from the lives of a large number of prototype of a broadly empirical summary of this crime in those excluded in the same urgent need to protect the legal interests Penal Code, we will He objects in the crime in the elements for this corresponding meaning. Therefore, the object of robbery only on the definition of crime under the provisions of the 1996 model. "Intersection" sense, all robbery cases inevitable Qinfanrenjuanquan benefits and property rights, embodied the dual object. Lee then demonstrated Qinfanrenjuanquan, robbery, the perpetrator is achieved through acts of criminal purpose of robbery. Robbery behavior to the use of violence or threat of violence against the spot, or to use other methods of physical mandatory spot seizure property. Robbery is complex, acts by the method of composition and purpose. Methods behavior is defined as seizure of property and the implementation of violence, coercion or other physical coercion. Seizure of property is the purpose of the act, means that in the robbery, is Qinfanrenjuanquan Lee as a means to violations of property rights for the purpose. The method of acts of violence, coercion to the extent to which a robbery China's criminal law does not expressly provide. China's criminal law theory and judicial practice requirements generally do not advocate violence against the victim to the extent of inhibition, that as long as the actors have the intention of robbery and possession of property in order to impose on the victims of violence, the general should be treated with robbery, the reason is that sometimes the same the violence on the victims may have different varying degrees, difficult to grasp the standards identified, but in my view, the essential characteristic of robbery using violence, coercion, and other methods exclude victims resistance in order to seize their property. If it is very mild violence or the use of coercive methods, simply not enough to inhibit the victim's resistance, it can not be seen as a means of acts of looting, seizure of property also has forcibly and not of the nature that can not be judged to robbery, the this visible, robbery of violence, coercion must be significant enough to inhibit the degree of resistance victims, it is the nature of the crime of robbery by the decision. The final proof robbery object of conduct that the impact of the object by double robbery decided by the logical order, robbery means can be divided into acts and purposes, means conduct refers to the seizure of property by violence, coercion or other physical coercion; purpose is seizure of the property of others, that is the spot to seize other people's property, or forcing others to the spot delivery of property, a combination of both a complete robbery. In fact, the behavior of single complex, in the law "regulating" sense of the robbery is still a behavior - robbery; purpose of this act and the means to make the distinction between acts of looting behavior analysis of a request to can the fact that the robbery and standardize access to a good understanding.Chapter III is the object of controversy in the robbery of applications, mainly analyzed both attempted robbery, "snatch to dangerous methods" should be set whether the robbery and robbery object found on the aggravating circumstances and the impact on the "snatch carrying lethal weapons "and" transformed robbery. " In both attempted robbery on the issue of whether the property rights and interests should be subject to physical damage as the standard. But whether the property rights and interests should be actual damage to the victim lost control of the real property subject. "Snatch to dangerous methods" should be set whether the robbery issue, the author believes that the "dangerous methods snatch" qualitative, not to generalize, depends on "dangerous methods snatch" behavior is consistent with the object of double logical order. The aggravating circumstances in that issue, robbery from the perspective of the object, in this eight cases, the perpetrator not only violations of the double object, both general personal rights and property rights, but also violations of the criminal law to protect other important Act benefits, and performance of multiple objects. Finally, on "carrying lethal weapons snatch" and "transformed robbery", the author considers that the "carrying lethal weapons snatch" and "transformed robbery" is the Special Criminal Code provides that, in essence, to carry lethal weapons snatch is still snatch the actual act, while transformed robbery committed theft, fraud, grabbed the crime for harboring stolen property, resisting arrest or destruction of incriminating evidence and to spot the use of violence or threat of violence. Two of the Penal Code the provision of major robbery in the light of the nature of the object dual constraints - property rights violations in the course along with violations of personal rights, the possibility or reality.