Judicial Determination Of The Crime Of Robbery

Robbery Crime is a kind of complicated crime that infringes human body right and property right, so it is always made as the key crackdown objection of the Criminal Law. Although there is concrete regulation about robbery in Item 263 of Criminal Law, and the Supreme People Court also gives out the judicatory explains about robbery. All these indeed make it more specific and practicable and have taken an important role in guiding the judicatory practice. However, since more and more new situations and new problems spring from the judicatory practices, and the theoretical field and judicial actual situation field of Criminal Law have different opinions in understanding the law regulations, judicatory explains and their applications in practice, therefore, the phenomenon of applying disunity which hinders the judicatory justness appears. In order to master the features of robbery crime and crack down the robbery crime, this thesis will deal with some argumentative problems about the robbery crimes' judicatory affirmation with theories and practices combined together, which is expected to helpful for judicatory affirmation.This article analyzed from the basic theory of robbery crime's important documents, discussing the crime body's double quality of robbery crime exhaustively and expounding the objective aspect, main body, subjective aspect of robbery crime. In the definitude aspect of robbery crime's offense and non- offense, the article is mainly aimed at the problem in several aspects as that: will the real estate, property benefits, contraband goods or others' property which hold illegally be the activity target of robbery crime. Referring to the prescription in the Criminal Law of Germany, Spanish, Switzerland, Japan and so on, the author suggested that set the property benefits and virtual property of network to be the activity target of robbery crime.This thesis goes on with the affirmation of Robbery crime, especially that of " Indoor Robbery" and how to affirm changeable robbery crime judiciary is a frequently argumentative point in the theoretical and practical field. The author concentrates on the understanding and affirmation of stealing crime, deceiving crime and robbery crime. He also mentions about the affirmation of "resorting force or frightening by force" and the problem that if the stealing, deceiving and looting done by persons who only have relative criminal responsibility can be included in robberycrime. In addition, this article also analyzes the method to confirm the number of robbery criminals and much more attention is taken to discuss the differences between picking quarrels and stirring up trouble crime, racketeering crime, forcing others to trade crime, money-aspired intentionally murder, kidnapping crime and looting crime.In the end, the thesis gives out some suggestions about improving legislation of robbery crime. Firstly, it is suggested that property interest should be stipulated as the acting objection of robbery. In the real life, the property interest has actually become the objection of violent coercing behaviors. If the government doesn't crack down on the criminals who infringe the property interest by force, it is no good for protecting people's interest. The second suggestion is making the dummy property of network as the acting objection of robbery criminals. Thirdly, it is suggested to perfect the fitting condition of changeable robbery criminals. The author thinks that the shortcoming of the present legislation for changeable robbery crime lies in the inadequate consideration of the responsibility going with penalty principle. It is apparent illogical for the present law to define crime as "actions more harmful than stealing, deceiving and looting". And this definition also conflicts with the responsibility going with penalty principle. So the author suggests that the Item 269 in the Criminal Law be revised as "the criminals who steal, deceive and loot resort force of frighten forcefully in order to hide the booty, resist capture or demolish the evidences should be sentenced according to Item263 of the Criminal Law. At last, it is suggested to improve the regulation on death sentence. The death sentence for robbery is stipulated together with imprisonment for more than ten years and life imprisonment by the coordinate and progressive pattern. In other words, any case in accordance with the listed eight serious circumstances is fit for death sentence. Although, in the judicatory practices, the executive body must have make distinguishes and choices, yet the broad uncertain conditions will doubtlessly low the accuracy of death sentence. Therefore, the author suggest that the suitable condition of death sentence should be stricter and the coordinate and progressive regulations about death sentence, imprisonment for a specific term and life imprisonment should be reduced in number.