Robbery Crimes Objects Studied

Robbery is a frequently-occurring Crime, which has always been severely hit by Criminal Law in foreign and Chinese countries from ancient to modern time. It is significant to make a thorough study on the target of robbery. This paper attempts to explore the question of the target of robbery and to enrich our nation's criminal law.This paper consists of preface, main body and conclusion, and about 38000 words. Preface gives a survey of the significance of studying the question of robbery as well as the present domestic situation of research into it, and meanwhile exposes the logical trail of the author's unfolding this thesis. The main body is made up of five sections. The first section reviews the history of robbery. This section beginning with robbery in ancient China's criminal law examines in ancient, modern and new China's criminal laws together with in ancient, modern countries'criminal laws. The paper introduces the legislation development of robbery at home and abroad in order to make the people have the understanding of the development of the crime target of robbery. The second section introduces the conception and the function of legal interests. This part introduces the legal interests in continental law and discusses the origin and the explanation theory of legal interests. The third section introduces the legal interests about property. This part introduces the legal interests about property at home and abroad. The fourth section analyzes the legal interests of robbery in China. Concerning the legal interests of the crime target of robbery, the author synthesizes the scholar's standpoint at home and abroad and put forward the steady occupancy condition which should be regarded as the legal interests protected by robbery, which provides the theoretical basis for some illegal properties becoming the crime target of robbery and solves the difficult problems in the justice practice. The last section is concerned with the crime target of robbery. On the basis of the legal interests providing the guidance for the crime target, at last, the author has a new idea with the crime target of robbery and accepts the concept of possession in broad sense, the crime target of robbery includes property and property interest, combining some concrete cases for discussion respectively. The author thinks that the real estate can become the crime target of robbery, false currency which has no value can't become the crime target of robbery, property interest such as debt, technique , the virtual property on the cyberspace, blood and the parts of body can also become the crime target of robbery. In the conclusion, the author restates his views in the previous part of the paper: the steady occupancy condition which should be regarded as the legal interests protected by robbery. As the crime target of robbery in the current Penal Code was too abstract and general, many of the issues not related explanation to be provided, which also led directly to the theoretical study of the differences in judicial practice and brings many confusing and inconvenient problems. I think that the targets of robbery on the issue of crime should draw some relatively mature and sound legislative provisions on relevant issues to be clarified.