The Research Of Difficult Problem On Speeding-Car Rob Caused Casualty

The crime of speeding-car rob",which started from the 1990s, is not only confined to the coastal areas now. It has spread to all of our country and happens more and more frequently. Compared with traditional robs, the speeding-car rob has its biggest Character that is its behaviors always do damage to people's body, even resulting in death to the victim.Therefore, it has brought serious threat to the social public order and the citizens' personal safety. In July 2002,the supreme people's court published on the trial of criminal cases of plunder the concrete application of law in the interpretation of some problems in a certain extent, to clear the "speeding-car rob "qualitative. In June 2005, the supreme people's court on the trial of robbery on again, and criminal laws applicable to the opinions on some issues, made clear the consequences caused by injuries robbed the man of qualitative, will be flying rob some indulge casualties happen vehicles forcible upgraded robbery, adds to the punishment robbed. Flying But even for " speeding-car rob " behavior has issued a series of judicial explanation, also can solve all of judicial practice.Currently, the criminal law educational world of deadly consequences coasters snatch plunder for sin shall be determined whether or robbery, remain debate. The author thinks that the problem should be comprehensive judgment, the consequences caused by injuries robbed crimes of flying through the objective behavior, different behaviors for the specific analysis to examine the subjective aspect, and on this basis, according to the "subjective unification", the principle of the crimes of coaster rob behavior nature. In addition, the consequences for damage or injuries robbed the sentencing crimes flying problems, the author thinks that the judicial interpretation of ChongXinghua have provided the tendency, especially the practice of not particularly bad offender causes of death rob sentenced to death, not in conformity with the criminal policy of criminal law, against the realization of function and humanitarian. For this kind of phenomenon, should be corrected.