Complicated Identification Of Rorery

Robbery is a means for the purpose of illegal possession, violence, coercion or by other methods, enforce rob state-private property behavior. As a common multiple crime, rob criminal behavior type is relatively complex, the current Criminal Law article 263 of the provisions of the relevant circumstances and not very clear and reasonable, and judicial practice, aggravated robbery plot that around sometimes controversial. This paper try to analysis of a case, the key refining as " Pretending military and police robbery " and "gun robbery" the basic rules; Further discussed aggravating circumstances of superposition, the rules sentencing, based on this, According to the plot and Statutory penalty allocation'legislation ,puts forward personal opinions and reasonFull text is divided into six parts, and more than nineteen thousand words.Part 1:The introduction and the case. This part simply introduced the criminal suspect zhang and wang choose the time of the crime, object of the crime ,commit crime intention and the principal means of crime, as well as the process to cooperation, preliminary assessment of the victim, the material loss and other consequences.Part 2: Qualitative dispute cases. First, around behavior describes two simple qualitative different views and reason, that is around zhang and wang 's act constitutes a crime, the basic ideas and introduce argument reason; According to zhang and wang's act constitutes a robbery point of view analysis the reason. Secondly, on the basis of the second qualitative opinions , in case of dispute whether there is aggravating circumstances, is introduced in detail the opinions of the two kinds of reasons , for the subsequent specific analysis to lay the foundation.Part 3: The general principles of the qualitative robbery. This part according to the theoretical model of a robbery, specific corresponding zhang and wang's behavior and sin, clear the two state the behavior of the individual with the basic components of robbery conclusion. On this basis, according to the special situation of the perpetrator, the car hit behavior detailed analysis, clear behavior nature.Part 4: A discussion on " Pretending military and police robbery " the cognizance of the plot. This part of the legal circumstances through the so-called "pretend " level of understanding, specific analysis the actor's behavior does not belong to " Pretending military and police robbery " situation, then, to the real members of the armed forces should be how to deal with, rob some opinions.Part 5: A discussion on " Gun robbery " the cognizance of the plot. The main part of the concept and range from guns, starting to "use", through the "show" understanding, specific analysis of the nature of the case, put forward the actor behavior of the two behavior does not belong to " Gun robbery " situation, since then, the conclusion on handheld with the real gun without the legal nature of the robbery was analyzed.Part 6: The case attracted by the thinking. This section is the article discuss topics and conclusion of the extension theory. First of all, combining the supreme people's court sentencing guidelines on aggravating circumstances, discussion on assumptions of sentencing rules; Second, the relevant judicial confused, discuss robbery aggravating circumstances legal sentence the configuration of the corresponding problem is not reasonable.