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Robbery Aggravating Circumstances Of A Number Of Issues

Posted on:2008-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:W PangFull Text:PDF
GTID:2206360215460925Subject:Law
Abstract/Summary:PDF Full Text Request
Robbery, a common crime form though, occupies a high incidence rate andremains one of the oldest crimes. In view of its seriousness, the criminal laws of all thecountries in the world have prescribed it as a serious crime. There has been along-standing controversy over issues related to aggravated robbery in juristic theoryand judicial practice. "It is of great value and realistic significance for correctconviction and sentence procedures to define in theory break-ins, repeated robberies,robberies involving large .sums of money and the impact of aggravated circumstancesto the conviction of death penalty. This thesis is intended to deal with theabove-mentioned problems in the hope that it may help in some ways with the criminaltheory and judicial practice.I. the Crime of Break-insFirst, a reference to its literal meaning,the judicial interpretation of the Supreme Court and the general view points held by theorists shows house should have two properties, namely,facilitating one's family life and some degree of relative separation from the outside world. Secondly, based upon an analysis of the break-in purpose, we hold no matter whether it is legal or not to enter the house on the part of the actor, it is an offence of the crime as long as arobbery is executed in the house.II. Repeated Robberies and Robberies Involving Large Sums of MoneyRepeated robberies presuppose a violation of the criminal law and do not-entail the successful attempts of every robbery. In addition, other robberies are not to be included unless they are transformed robberies.The confirmation of the sums should be based upon evidence collected, and a comparison with other prpperty-related crimes leads to the conclusion that the case-filing of robberies should involve requirements on the sums and therefore a further improvement on the legislation should be made.III. Impacts of Aggravated Circumstances of Robbery to the conviction of Death PenaltyThis part includes the current death penalty policy in our country, the relevant regulations on the aggravated robberies that may lead to death penalty in the criminal law in our country, a comparison with punishments of robberies in overseas criminal laws, the unreasonableness of the overuse of death penalty applied to the aggravated robberies and a further improvement on the punishment of aggravated robberies.
Keywords/Search Tags:Robbery, Break-ins, Many times, Large sums of money, Death penalty
PDF Full Text Request
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