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The Recognizance Of Aggravating Circumstances In Robbery

Posted on:2010-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:C Y YanFull Text:PDF
GTID:2166360302466360Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Aggravating circumstances of robbery and criminal law refers to the robbery Sentence upgraded so that the factual circumstances. China's criminal law makes it clear 263rd robbery listed eight aggravating circumstances, aggravated robbery, robbery as a special form, seriously endanger the people's lives and property safety, has been the focus of national criminal law targets. As a result of aggravated robbery with a specificity of its own, it acts of robbery than the general harm to the people, and in that time of the crimes more complex, so in theory enhance the aggravated robbery of the study, For "Penal Code" the correct application of the crime and truly it is necessary to adapt. At the same time, aggravated robbery and acts of great complexity, which also had a theoretical and practical controversy. In this paper, the basic theory of robbery analysis based on eight statutory aggravating circumstances for the entry point to the Criminal Code provisions and the Supreme People's Court "on the trial application of the law robbery specific interpretation of a number of issues" and "on the trial of robbery, criminal cases the law applicable to snatch a number of issues "based on the concept of combining domestic and international criminal law and the specific case of the eight aggravating circumstances, as well as the understanding and application of quasi-aggravating circumstances of robbery, aggravated robbery and attempted completed to explore issues such as with a view of criminal law and judicial practice, theoretical benefits.In the text of the aggravating circumstances of robbery will study is divided into four parts, namely, Introduction to the aggravating circumstances of robbery, robbery in our country that the issue of aggravating circumstances, aggravated robbery and research problems.The first part of the aggravated robbery Introduction, first of all about the robbery is the concept of aggravating circumstances, on the basis of eight aggravating circumstances were classified, and analyzed the robbery of the legal nature of an aggravating circumstance. Finally, about the robbery is the application of the value of an aggravating circumstance.The second part of the aggravated robbery that were aggravating circumstances of the location, target an aggravating circumstance, conduct aggravating circumstance, the amount the number of aggravating circumstances, such as the result of aggravating circumstances to define, with a view of criminal law and judicial practice, theoretical benefits.The third part of the aggravated robbery problems researches of aggravated robbery and attempted accomplished robbery prospective application of an aggravating circumstance.The fourth part of the aggravated robbery perfect legislation, in the first three parts will be based on the "military police officers posing as robbery" to "military police officers posing as police officers robbery or robbery," and recommended legislation additional organs "and other serious cases" as a fallback provisions.
Keywords/Search Tags:Robbery, Aggravating Circumstances, Constitution of a Crime
PDF Full Text Request
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