Study On The Aggravating Circumstances Of Robbery

China’s "Criminal Law" Article263stipulates that illegal possession for the purpose of property owners, custodians spot the use of violence, coercion or other means, and forcibly took away the behavior of public or private property, constitute robbery. China’s criminal legislation had designed severely penal system to robbery, while also guilty of aggravated robbery plot were constituted legislative norms, in order to fight crime, protect the legal interests. Although legislation maturing, but still can not cover the complexity of judicial practice. Especially for eight kinds of robbery aggravating circumstances, in theory and in practice should also be explored in depth, and gradually form a more scientific and rational knowledge, understanding and application. In this paper, as the robbery aggravating circumstances for the study, translations of combing the eight kinds of plot identification and applicable issues that need attention, and part of the theory of controversial issues were analyzed demonstration.The first part is a brief overview of robbery. Clarify the fact that law robbery violated double benefit, and clear multiple robbery and serious social harm, and comb China’s "Criminal Law" for aggravated robbery eight penalties and legislative significance.The second part is aggravated robbery understanding. On the "Burglary" that the scope of "family" should be based on the extent to which private premises, exclusive, closed, everyday use, the functions of the integrated nature of the role of the main considerations;" burglary " must be based on crime for the purpose of illegal home as a precondition; conversion behavior "transformed Burglary" violence or threats of violence should occur within households. On the "on public transport robbery" that it is necessary to emphasize transport "public" to exclude private, specific people and small rental, etc.; Second, acts of looting started on public transport rather than behavior people in the vehicle; third is on the behavior and operations for transport operations are being blocked transport. On the "robbery of financial institutions" that heavy penalties for robbery financial institutions is to protect the financial order and stability and to crack down on the frequency of such cases, the financial institutions should be identified on the understanding of its features. For "multiple robbery or robbery huge" that "multiple" refers to a non-intentional and relatively independent summarize three or more acts of robbery, a crime but does not require consummated;"huge" should be based on the calculation of the amount actually get for the realization of a crime the robbery of the vehicle shall be cumulative, the amount of consumer credit card to use on. On the "robbery causing serious injury, death", can also be considered to be either willful negligence Consequential Aggravated, similar to the objective aspects of criminal behavior should be a qualitative distinction. For "posing as police officers robbed" that police officers and non-uniformed personnel to uniformed personnel identity robbery, or perform tasks, but under the guise of violence, threat of violence, should be recognized for aggravating circumstances. On the "armed robbery" that firearms should be relevant state regulations, shall be arbitrarily expanded interpretation and objectively actual holdings, and for the victims know. On the "looting of military supplies or rescue, relief, relief" that the right of military supplies or rescue, relief, relief should be accurately interpreted and actors want to rob subjective judgment and understanding of materials.The third part is the aggravating circumstances of attempted robbery understanding. Consider the interlink ages between committing aggravated robbery and basic guilty, and relatively isolated. When the results of Aggravated willful may exist, the basic guilty and processing repetition can each have consummated and attempted state. But in this crime, the result of "large amount of robbery" and "robbery causing serious injury" is the establishment of the elements of offense aggravated Instead of essentials of establishment accomplishment because of its basic behavior of "large amount of robbery" and "robbery causing serious injury" Including the two results of general intention.