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A Number Of Issues. Robbery Study

Posted on:2006-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2206360182460053Subject:Law
Abstract/Summary:PDF Full Text Request
Crime of Robbery is one of the usually occurrence, difficulty crimes at present, in the theoretical field and judicial circle have paid more attention to the research on the crime of robbery and there have some achievements. But there still have some questions deserve further research, such as the act of violence, object of crime, crime of transformed robbery, etc.Firstly, behavior practice violence is intention to expel or inhibit the victims to resist; force them hand over wealth or properties, or capture the wealth on the spot; the violence can aim at the properties holder's body or other relative person and things; although the criminal law did not rule the bottom of the violence limit, it is inappropriate that only consider the formal comprehension of violence.Secondly, the object of crime of robbery should not include the real estate; illegal wealth also is an object of crime of robbery, this is because rob the illegal wealth have infringed upon the human right, and at the same time have infringed upon the nation to control or legal rights of the illegal wealth and properties holder's right of that wealth and properties; from the angle of civil law and criminal law that property benefits should be the object of the crime of robbery; because of the possibility on the management, incorporeal things also is one of the objects of crime of robbery; weather have economic value or not should be a term of to affirm that things can be the objects of the crime of robbery.Thirdly, on the determination of crime of transformed robbery: In prior condition, the act of steal, fraudulent act, and act of seizing by force occurred in advance were not request that these acts have constituted crime of theft, crime of swindling, and crime of seizing by force; under some particular conditions, practice other special types of act of steal, fraudulent act, and act of seizing by force also can constitute the crime of transformed robbery; in objective terms, we should have new cognitions of "spot" and "violence"; in the aspects of subjectively, the behavior's purpose should including hide the booty and resist to grasp or demolish the offense certificate and thepurpose of illegally occupancy; "offensive weapons" should be classified by innate characteristic and method of using; "bearing" is not request that behavior instruct or imply to the victim that he or she is bearing offensive weapons.
Keywords/Search Tags:Crime of Robbery, Act of Violence, Object of Crime, Crime Transformed Robbery, Seizing bearing offensive weapons
PDF Full Text Request
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