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On The Crime Of Transforming Robbery

Posted on:2015-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2176330431468825Subject:Law
Abstract/Summary:PDF Full Text Request
Robbery is a serious multiple types of crime, and the crime of robbery is related not only to the accurate conviction and sentencing punishment and education of criminals, more related to the personal safety and property safety. Transformed robbery is a special type of robbery crime since ancient times. The current criminal law of our country is based on the criminal law. As the current criminal law of our country stipulates269th:"whoever commits the crimes of theft, fraud, snatch crime, for booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of article263rd convicted and punished."Because of the rapid development of modern society, the types and quantity of crime also showed a rising trend, coupling with the law. The laws and regulations of our country at present can not fully meet the needs of the community. In the process of applicable law, there are many problems, such as the formation of different understanding of the criminal law.Transformed robbery is that a crime is transformed into another crime in accord with certain conditions, belonging to a kind of transformed crime. It has not only the robbery characteristic, but also some particularity. The conviction and sentence of transformed robbery are often greater difficulty. Because the complexity of transformed robbery crime has its own particularity and in determining whether a crime of transformed robbery, often involves many problems, such as the conversion of cognizance、conversion of violence、the accomplished offense and the attempted problems as well as the accomplice under what circumstances. Therefore, this kind of crime has become one of the research focuses on the object of our country criminal law theory and judicial practice. So far, many scholars have put forward different ideas and reach a consensus on certain. But some problems still exist. The author analyzes the controversial problems briefly.The main content of this paper is divided into four parts. The first part introduces the connotation of the criminal law of our country, the provisions on the crime of transformed robbery and the crime of transformed robbery. The second part introduces the age of criminal responsibility of the crime of transformed robbery and some controversial issues in objective conditions and subjective conditions. The third part, some controversial problems of the crime of transformed robbery attempted form of suspension、the judgment standard and between the two. The fourth part mainly tells the story of several cases of the crime of transformed robbery. The fifth part, our country transformed robbery has been researched on the results of aggravated and aggravating circumstances.This paper mainly adopts the method of the theoretical analysis. The author has a more profound understanding of this kind of crime by read through the book relating to the crime of transformed robbery, the legal provisions and judicial interpretation. The author proposes some opinions on relevant issues and hopes to be able to help in transformative robbery conviction and sentence.
Keywords/Search Tags:the crime of transformed robbery, the discontinuance of crimeand attempted crime, formation conditions, joint offence, aggravated
PDF Full Text Request
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