Study On Robbery By Disguising As Uniformed Personnel

Robbery is a kind of familiar crime which usually happens seriously, it not only infringes people's property rights, but also threatens people's personal rights and it is the chief criminal misdeeds in property infringe crime. So robbery has been considered as the main target by the whole world. China's criminal law in 1997 states in writing that "robbery by disguising as uniformed personnel" is one of eight case aggravated robbery crimes. The purpose is to protect the good image of the uniformed personnel.But with the development of criminal theories and judicatory pratice, it appeared differences of the identification of the crime. And the legislation defects of the rule are too emeraging. One of the legislation defects is that the punishment of criminal law for "robbery disguising as uniformed personne" is too heavy. The other is that criminal law did not make specific provisions on "uniformed personnel robbery" which is more dangerous than "robbery by disguising as uniformed personnel",and can only be punished by the general looting, which will cause an imbalance between crime and punishment.In this article, author analyzes in depth the nodus and doubtful point on judical dentification of "robbery by disguising as uniformed personnel", and puts forward his own opinion, and researches the legal nature of the two special crime types about the attempted crime and the joint criminal. At the same time, author analyzes the reasons for the lack of legislation, and put forward the suggestion on how to improve legislation, in order to resolve the conflict between Principle of legality and Principles of appropriate sentence, aiming at producing positive function in judicatory practice and theory of criminal law.