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A Research On The Method Behaviors Of Robbery

Posted on:2009-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Q XieFull Text:PDF
GTID:2166360275969192Subject:Law
Abstract/Summary:PDF Full Text Request
Robbery is a guilt that invades the rights of property and life severely,which occurs very frequently.The complexity and similarity to other guilt of Robbery poses many theoretical and practical problems. The thesis goes deeper into the method behaviors,such as violence, threats and other methods of Robbery on the basis of previous research. Furthermore,the thesis probes into the differences of method behaviors between Robbery and other similar guilt.In order to possess the property illegally,the doer commits violence, threats and other methods of invading the right of life on the spot to the owner,protector,proprietor and the witness.The method behaviors of Robbery refer to all these methods that the doer commits on the spot.The doer doesn't aim at possessing property,but he deliberrately owns the victim's property illegally after committing violence,threats and other harmful behaviors,which can constitute Theft and Robbery respectively. To the objective behaviors of basic Robbery,"on-the-spot" refers to the scene of crime;to the violent behaviors of converted Robbery, "on-the-spot" includes the location that the robber was found and captured after escaping from the scene just a minute ago.According to the nature of violence and threats,the practice of law should take all the comprehensive related situations into consideration,grasp the extent of "control the victim's resistance" appropriately and conclude the method behaviors of Robbery accurately. Violence,threats and other methods all belong to the objective behaviors of Robbery.There exists different characteristic and content in the objective behaviors,but their natures are unanimous in "control the victim's resistance" and "possess the victim's property illegally". Therefore,in the case of law,when violence and threats invade the victim's rights of life and property,the differences between Robbery and Kidnap Crime are:whether the victim is the same person or not and whether it is on the spot that the property was robbed.According to the different characteristics of subject and object,teenagers' behaviors of obtaining property illegally can be judged as "The Crime of Stirring up Trouble" or "Robbery".It is universally that the behavior of "Speed Snatch" constitutes "The Crime of Plunder".But under the special occasion,"Speed Snatch" can be judged as "Robbery";the differences between Robbery and Extortion lie whether the behaviors of violence and threats control the victim's resistances or not and whether the victim's properties are robbed on the spot or not.The behaviors of "to make the victim dizzy and drunk" and "to separate the victim" also add to the other methods of Robbery.
Keywords/Search Tags:behavior, violence, threat, other methods
PDF Full Text Request
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