The Study On Disguising As Army-man Or Policeman To Rob

Robbery has relatively serious threat to personal and property safety, therefore our criminal law takes it as the key object to hit, especially takes the "disguising as army-man or policeman" as one of the aggravating circumstances of robbery, they thinks it is very harmful to our society. But in fact, although it caused some threat to the personal safety, its social harmfulness is less far from other seven aggravating plots, is not applicable to the legal punishment of 10 years or more punishment. However, in our country criminal law in 1997 took "disguising as army-man or policeman to rob" as one of the aggravating circumstances. Through the study on the judicial practice about "disguising as army-man or policeman rob" cases in China and foreign criminal law and reference, we can deduct the legislation on "disguising as army-man or policeman" in our country still has a lot of deficiencies, whether from social harmfulness ways, or from subjective vicious, the real military rob is more serious than " disguising as army-man or policeman to rob", and our country criminal law gives real military personnel robbery the common-law of robbery but gives " disguising as army-man or policeman to rob " more punishment, which is violent to the principle of law. This requires legislation and judicial relief to further perfection. Therefore according to the related theory of punishment law, combining with the current judicial practice, through the comparison between " disguising as army-man or policeman to rob" with other similar crimes, the current criminal legislation about "disguising as army-man or policeman to rob" needs further perfection,and do some discussion on how to perfect it.