On The Elements Of The Standard Form Of Robbery - From The Theory Of Criminal Standard Form

There have been a lot of controversies on the accomplished criterion of offence of robbery in criminal theories and practice in our country for a long time, the fundamental reason is that there are grave faults in traditional criminal theories about the criminal accomplished offence. In this article, the writer puts forward the theory of 'The forms of criminal standard' beginning with analysing the faults in traditional accomplished offence theories, insists that to find the criminal criterion form ought to act as the fundamental rule that the crime and punishment should be adaptable to each other, and probes into 'the theory of the criminal standardized form' initially. After that, considering the concrete forms of offence of robbery, the writer expounds the requisites that the accomplished offence should have, and solve the problem how to find the standard form of offence of robbery, starting from the basic principle of criminal act adaptable to punishment, and the ralative theories of the forms of criminal standard.There are theoretical faults in traditional criminal accomplished offence theories, including "the purpose teachings", "the effect teachings" and "the teachings of all criminal requisites". The meaning of "the accomplished offence " often conflict with the criminal law ,we ought to consider taking "the standard form of crimes" in place of "the accomplished offence" and "inchoate crime" in place of "uncomplished crime", and restuct the systeme of ceasing form of crimes .The standard form of offence of robbery means that all the form ofoffence of robbery established by the brance of criminal law, such concrete important requisite ought to be resolved through branch discussion of criminal law. In establishing the standard form of such crime, we ought to act as the fundamental rule of criminal act and punishment rule being adaptable to each other .The key to establish the standard form of such crime to find the meaning requisite in it. The size that the object suffers is the important foundation of social danger that we judge offence of robbery and estanblish the standard form on the degree.In the basic requisites of offence of robbery, the main object is the wealth right, whether man illegally passess the money and goods effects the size of social danger of the basic requisites of this crime, we ought to estanblish whether to posseses the money and goods illegally as the maring important requsite. As to the heavier requisites of such crime, whether the basic crime is the standard form or the uncomplete form has qualitative effect on the size of social danger, thus the standard form of heavier requisite require basic crime to accord with the standardized form hence being estanblished, that is it ought to use the requisite of possessing money and goods illegally as the maring important document. In the case of the heavier result offence, the subject attitudeof the doer may be either direct will or indirect will or error, although equally heavier result has arised, there is great difference among man's subjectiveness, hence, confessing the heavier result in the unaccomplished form is able to implement the rule of the criminal act and punishment being adaptable to each other .In the case of heavier requisiteof place, object, method, whether the basic offence reached the standard form has qualitative effect on the size of social danger. Hence, this kind of heavier requisite of offence of robbery should use possessing illegally as the standard form. Some kind of transformed offence of robbery, we ought to treat them separately. Using force in order to shelte the stolen goods, possesses the robbery's character essentially, yet we ought to use possessing the money and goods illegally as the standard form .In order to resist arrest or destruct evidence of crimes doesn't accord with the character of robbery, using force in order to resist arrest ought to be convicted of "crime of resisting arrest by force", this kind of belongs to the action offence, if man implementing the force to some degree, th...