Study On The Problems Of The Robbery

Robbery not only is the serious petty crime, also is encroaches upon the property crime the chief culprit crime, always for our country criminal law key attack. In the real life, common sends, also the situation is quite complex. The author bases on in under the correlation criminal law theory instruction, to the robbery solid service question through the legal explanation and the analysis method, and the union judicature practice, emphatically conducts the research to the robbery certain hard problems. The full text altogether divides five parts:First, robbery violence behavior whether does include intentionally kills peopleThe behavior person intentionally to use the violence to create the victim to die whether constitutes the robbery the question, this involves to the criminal law 263rd row culture "robs for the robbery serious circumstance sends the person died" the understanding. The author believed that, from the legislation perfect angle, in the robbery violence method does not have to include intentionally kills people, and from the criminal law system establishment, the robbery with intentionally murder crime two societies hazardous natures as well as legal punishment aspect and so on establishment has carried on the analysis proof. Therefore, the author suggested when revision criminal law robs to the murder determines guilt relocates.Second, achievement forcing does not force with the suggestion seizes property whether constitutes the robberyRegarding the tradition which forces to understand, all thought is one kind of positive behavior, but the author believed, did not take similarly may establish forces. Because the traditional understanding certainly cannot take the judicial practice the legal basis. Furthermore, the achievement does not force seizes property has forces with the achievement seizes property suitably is even the more serious social hazardous nature. Does not force by the achievement on the scene takes the wealth therefore the establishment robs, the most essential reason completely conforms to the robbery essential characteristic. Forces regarding the suggestion seizes property the behavior, the author thought must differentiate the different situation different treatment. First, the behavior person suggested forces on the scene takes the wealth, but is forced the person to pay by no means the belongings, take not surely robbery as proper. Second, the behavior person suggested forces the intention on the scene to take the wealth, but the victim but on the scene pays the belongings because of the spiritual fear, should the robbery punish. Mainly because, indicated clearly and the suggestion, only is forces the content the way to be different, looking from the actual situation that, exists massively suggested forces way which seizes property, also completely conforms to the essential characteristic which forces seizes property. Specially new criminal law 267th 2nd section about carries the stipulation which the weapon for criminal robs, had reflected from a side the legislator acknowledged the suggestibility forces robs the existence the legislation intention.Third, the transformation robberyAuthor believed that, criminal law 269th, 267th 2nd section, 289th all belongs to the category which the transformation robbery studies. To the criminal law 269th transformation robbery...