"lethal Weapon Grab" The Conviction Research

Criminal Code Law item 2 article 267 of our country prescribed that looting bearing lethal weapon should be punished according to article 263 of the law. For the application of it, although the Supreme People's Court had made some detailed ruler in 2000 and 2005, there were still lots of disputation whether in study or judicial practice field on comprehension or cognizance of the looting bearing lethal weapon. In order to apply law correctly, punish'crime accurately and protect the legal rights of both criminal (suspect) and victim this article made some research on looting bearing lethal weapon.In this paper, the "Penal Code" Article 267, paragraph 2, of legislative reasonableness analysis; from a criminal policy, the crime fit the requirements, as well as to explore the perspective of judicial practice, pointing out that legislation has increased the necessity and rationality of the provision.The article defines the two aspects of weapon and taking. Weapon means the apparatus with much execution that is used to jeopardize the personal safety (such as wounding or killing persons) and lead to fear sense. The law characteristic of weapon is that it can lead to a greater sense of danger and is used to carry out illegal or criminal acts, while the physical characteristic is that they are going to endanger the safety. Taking means, in or out side of the residence where people engage in daily life, carrying a certain thing or nearby, and using it to the behavior of the reality under one's will. As for definition of the behavior in looting bearing lethal weapon, not only the means of the carrying and the subjective factor of the actor, but also the custom, habit and special identity of the actor should be taken into consideration. During punishing those who loot bearing lethal weapon for crime of robbery, the actor's subjective investigation must be taken into concern. Or else the degree of the ruin from the actor can not be weighed properly. Finally,the article did some necessary explore on the action of looting bearing lethal weapon about the criminalization and noncrime, amount, the main issue, relationship between looting and robbery as well as sentencing. Through this analysis, with a view to judicial practice in the application of this paragraph have a certain significance.