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A Number Of Difficult Problems. Robbery Study

Posted on:2004-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2206360095450429Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There are nearly 30,000 words in this article, studying deeply some difficult questions on crime of robbery in four aspects.Part one, concept and classification of robbery: on the basis of comparing and analyzing various recognitions of theory circles in China and foreign countries, this article define and classify scientifically the concept of the robbery.Part two, constitutive elements: according to theory of constitutive elements and combing the stipulation of criminal code 263, I holds that the main object of robbery is property right, and dissects through going the criminal objects from six aspects emphatically; objective elements of robbery is action which occupies unlawfully public and private property in violent^ coercive or other ways; the subject of the crime is general subject; subject requisites of the crime is deliberation and its purpose is unlawful occupation.Part three, some questions on judicial judgment of robbery: firstly, examines boundary between crime of robbery and non-crime in the following aspects: action purpose.action cause, action circumstance, action consequences; Secondly, analyses systematically difference between crime of robbery and .the concerned crime; thirdly, discusses deep going the stipulation of 263 article of criminal code which is about transforming robbery; at last, elaborates crime with aggravated circumstance as well as crime with aggravated consequences of robbery.Part four, the question of types of robbery: this article mainly expounds the four types of robbery including preparation of offender, criminal attempt, suspension, completed offense, and amount of crimes and some knotty question in judicial practice.
Keywords/Search Tags:crime of robbery, concept, constitutive elements, judicial judgment
PDF Full Text Request
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