The Study On The Issues Of Robbing In Public Transportation

Since robbing in public transportation infringe the property and personal right of public, proposing huge threat on the safety of public transportation, the defendant could be given heavier punishment according the Chinese Criminal Law. However, it does not mean that whoever tries to rob in public transportation could be given heavier punishment, especially when the defendants forcibly seizes with lethal weapon could be convicted as robbery, which require us to consider carefully whether such situation should be to regarded as robbing in public transport and the defendant should be given heavier punishment. What we need to do a further research is that how to have a correct understanding of meaning between robbing with lethal weapon and forcibly seizes with lethal weapon, and how the defendants be punished under this situation. There are strict criteria to design whether the defendant1 indeed robs in public transportation. The basic element includes the meaning of public transportation; the limit on operation time; whether actually delivering many passengers, and the method of getting in and getting off the said transportation. When we make a judgment about whether the defendant forcibly seizes with lethal weapon in public transportation and should be given a heavier punishment, we need to consider the nature and circumstance of the defendant's conduct and the degree of the harm done to the society rather than easily convict him robbing in public transportation. Besides, we need to adhere to the principle of legislation that the crime the criminal responsibility and the penalty must be compatible with each other, and carry out the criminal policy of alternating leniency with severity. Furthermore, we should reject applying the law without understanding the real meaning of such provision.