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Some Problems Of Robbery

Posted on:2011-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:D C LiFull Text:PDF
GTID:2166360332955246Subject:Law
Abstract/Summary:PDF Full Text Request
Robbery is a serious violation of civil rights and property rights of violent crimes against property category。Although it is a high incidence of common crimes, but, because of its conversion to robbery, sentencing aggravating circumstances,and the category of crimes against property and some elements with a similar situation exists;At the same time the nature of their crime, serious punishment to the higher starting point; make judicial practitioners of the robbery identified the difficulties and doubts remain。This close connection with the judicial practice, respectively, from transformed robbery, robbery with adjacent boundaries of crime, the looting of public transport to explore and study the three aspects, and elaborated on some issues and perspectives of individual understanding.The first part described the identification of transformed robbery。First, the first theft, fraud, rob act must be "large amount" constitutes a crime, the extent; Second, the threat of violence or acts of violence must be "spot" implementation, where the "spot" is a concept of time and space, including two kinds of meaning that time and on-site,Specifically refers to the first act or the perpetrator of a crime scene was found and left the scene immediately the process of hunting, first act and the threat of violence or acts of violence must be closely related, can not break out of the; Furthermore,the perpetrator should be harboring stolen goods,resisting arrest or destroy evidence of a specific purpose;Finally, the main body of transformed robbery is older than 16 should be the general subject,but not the full 14 under 16 years of age is relatively negative age of criminal responsibility of the person..Part II deals with robbery crime against property and three adjacent boundaries, Each of the robbery and extortion,cause trouble and crime,to snatch the same crime and the difference between the context of particular cases of the analysis identified Confusing situation.The third part discusses the "looting of public transport" Offence, First, from the public transport of the type, function, status and other aspects of analysis, that the robbery of the public transport is a correction in the operations, engaged in passenger transportation, and most people do not take a particular means of transport; Second, that such a gang crime, mobility, against the consequences of severity, characteristics such as strong violence;Finally, the judicial practice in some special cases disputed expounded his views.
Keywords/Search Tags:Robbery, Transformed robbery, Limit, Public transport
PDF Full Text Request
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