The Characterization Of Zhou 's Suffering To AIDS

According to the provisions of article two hundred and sixty-three of the criminal law inour country, Robbery refers to robbery violence, coercion or other means of public or privateproperty. In our country’s criminal law theory, Robbery is usually expressed as to, for thepurpose of illegal possession, All people to the property or the depository use violence, Stressor other methods take state-private property of strong rob behavior.In Chinese criminal law, Robbery is not clearly stipulated the offender robbing propertyamount and robbery plot of restrictive provisions, Person as long as it is on the spot to useviolence, coercion or by any other means to implement the looting of public or privateproperty, Whether the offender to property, Whether the person get the property of more andless, In the criminal law theory will constitute a robbery.In our real life, Robbery is a very common crime of infringing upon the citizen property.China’s criminal law for the regulation of robbery is relatively general, Resulting in thejudicial practice in robbery that is often confused with other charges. Specific to the actualcase, Due to personal understanding and the understanding to the behavior of the actor can notunified, So for the same kind of behavior, Different court will make a different decision.In the judicial practice, Robbery is not a single sometimes exist in a certain form,Robbery may occur and other charges. It is a crime and racketeering has one of them, But ourcountry is a simple indictment, article two hundred and seventy-four of criminal law, Did notmake clear and specific provisions to blackmail crime, Simply stated as "extortion public orprivate property, Relatively large quantities or of extortion "many times. China’s criminal lawtheory of racketeering sin tong said is behavior person to, for the purpose of illegal possession,Threat to the victim to use method, For the behavior of public or private property number islarger. Thus it can be seen, Crime of robbery and extortion in the subjective aspect, Theobject, behavior means are very similar, But in fact there is a difference between crime ofrobbery and extortion.In this paper, the case of robbery is not pure and racketeering sin is controversial, Thiscase also may and fabricated, Crime of false terrorism information transmitted controversial,Because the offender means of robbery is very special, The offender is posing as AIDS people brought syringe with the blood of robbery, This is partly caused the social publicpanic。This paper is divided into four parts besides the introduction. The first part, this paperintroduces the basic information of the case, the main is the cause of action and the casefacts. Summarized in the judicial practice in this paper, we study the nature of the case ofdifferent views and reasons, Mainly is the focus of disputes and disputes. Some as AIDS forthe offender people holding a syringe with their own blood to the nature of the looting of thedriver, The judicial practice in the different point of view, Mainly is robbery, crime ofextortion, fabricating, crime of false terrorism information transmitted in three differentpoint of view, And the three different views of the main causes of formation.The second part, robbery, crime of extortion, make up, the study of the theory of thecrime of false terrorism information transmitted. First, the meaning, characteristics andbehavior of the robbery stress approach. Second, analysis the meaning of racketeering sinstress, degree requirements, characteristics and form of expression. Third, analyzing thedifference between the two stress. Fourth, the analysis of this case in the weekend. Fifth,analysis, fabricating and spreading false terrorism information, What is a false terrorisminformation, and make three major problems, spread, disturbing social order, make theanalysis and combined with the case.The third part, the analysis and conclusion to the case. Combining with the results of thefull text and the case study of specific case, Think of some behavior constitute a robbery.The fourth part, the case study of enlightenment. Aimed at the deficiency existing in thiscase found that the criminal law and judicial interpretation put forward some improvementSuggestions.