Identification Of The "Other Methods" In Robbery

Robbery is a common and multiple crimes, but also a serious violation of personal and property rights crimes. With the increasing development of society, robbery complex and diverse behavior, current law is difficult to solve new problems, especially robbery, "other methods" identification problem, judicial practitioners and theorists have yet to "other methods" the connotation and extension to make a more clearly defined. First, the paper splashed with Wie and Liu to take the case of pepper robbed of property such as the starting point, the case reflected on the issues summarized. These cases reflect the following two questions: "Other methods" are what the connotation and denotation. Secondly, through the analysis of these two issues, the final form his own opinion: I believe that, as China's "Criminal Law" does not provide for robbery "other methods" of meaning, making its meaning is still unclear, which led to the judicial practice in the nature of certain crimes to determine the bias or even a serious error prone. Meanwhile, the "other methods" of the extension are unclear, mainly law does not "other methods" means any specific type or clearly defined, there are theorists are more controversial. Finally, the combination of the case reflected the problem, I presented on "other methods" of the legislative proposal, which proposes the introduction of judicial interpretation of Supreme Court explicitly on the "other methods" identification. I believe that "other methods" requirement should be: "Other methods" refers to the addition to violence, coercion, the same degree of social harm by means other than making the victim is unknown or loss of ability to resist against the state. The perpetrator intentionally implemented in addition to violence, robbery, coercion beyond acts, making the victim do not know against, convicted and punished for robbery. For example, using the victim's machine and the implementation of the separation of property "off" behavior for Robbery; actions to take spill pepper, exposing hidden parts, drunk with wine, pretended to be carriers of AIDS or other infectious diseases and the use of narcotic drugs and other methods robbery; the perpetrator of the previous behavior of using other methods and the use of trailing behavior robbery. This paragraph not only meet the requirements of the principle of legality, but also help to address the specific trials in how to apply the resulting legal issues. The paragraph also explicitly states that "other methods" and the violence, coercion of the social harm is the same, in essence, against the victim's personal property rights. The author analyzes and summarizes a large number of cases in judicial practice, the "other methods" in accordance with whether to use incentives and whether injury to classify and identify common specific methods.