On The Condition Of The Rob From The Late Action Robbery

According to Article 269 of Chinese Criminal Law ruled as"the theft, the fraud and the snatching for hidden the stealing, resisted the arrest or destroyed the evidences by the violation or such threaten that would be punished according to Article 263". That is the legislation about the transformation form of the robbery in China. As the various explanations about this article in the academia and practice, it would be a matter of opinions about the aftermath robbery. And the major disputes would be the constructed conditions in it which are the pre-condition, the subjective condition and how to understand the"on the spot"in the legal contexts. So this paper focuses over the main hot points in these disputes as the constructed conditions and the author is also looking forward to give the beneficial helps for such the cases based on the hearing of one hard case himself.The paper is about 17 thousand words, which is aim to introduce the studies over the aftermath robbery and gives the relative views and suggestions through the analysis of the Zhang's case.Part one is the reason of the case which is the analysis about the robbery case.Part two is the introduction about the summery of the case, which mainly introduces the robbery's facts, the guilty of the prosecution committed and the judgments of the first and second trials.Part three is the focus about this case that is to bring out the puzzle that guilty or not guilty in the Zhang's action according to the Article 269 of the Criminal Law and trigger the standpoints and reasons by the accused, the prosecution and the court as the tri-parts. The prosecution considers that Zhang's action would be the guilty of injury with the following ideas that Zhang's violation is not for the resisted the arrests, destroyed the evidences or hidden the stealing which are not according to the constructed conditions for the aftermath robbery. But the defender thought that Zhang's action would be the fault action to death with the following idea that Zhang's action would be the proper-defend that for the faulty responsibility. And the court decided that Zhang's action would be the guilty of robbery with the idea that matches the constructed conditions for the aftermath robbery according to Article 269.Part four is the discussion and analysis which are the main parts of the paper. First point the problem discussed in this paper according to the details of a case, which is the constitutive requirements and juridical appliance of the rob from the late action. The paper describes the constitutive requirements of the rob from the late action in detail, including precondition, project condition and objective condition. About the precondition of the rob from the late action, analyzing whether the act of theft, fraud, and forcible seizure should be in accordance with the condition of"relatively large", then appoint the view that the act of theft, fraud, and forcible seizure may not be in accordance with the condition, and don't be decided to a crime. About the project condition, author points that the actor must have the aim in order to"conceal booty, resist arrest or destroy criminal evidence". If the actor uses violence and threat because of other reason, he or she couldn't be punished by the Article 269 in <criminal law>. About the objective condition, the paper put forward a view that judging the"at the scene"should consider the connection of the time and airspace, relevance and continuity of the pre-behavior and post-behavior to apply the four different views about"at the scene"in theoretical circles.Part five is conclusion and suggestion. In this part, author proposes the suggestion of characterization and sentence in the case of robbery acted by ZHANG. Author think that the behavior of ZHANG offended the provision of the article 232 in the <criminal law>, does accordance with the conditions of the murder charge, because of his behavior had defensive quality, belonged to the situation of"relatively minor"in crime of intentional killing, so he should be sentenced to not less than three years and not more than 10 years in prison. At the last, author points that the article 269 in <criminal law >should be modified for accounting the rob from the late action better. First, change the"commits the crimes of theft, fraud, or forcible seizure"to"acts the behavior of theft, fraud, or forcible seizure". Second,"receiving stolen goods"couldn't describe the behavior of rob exactly, should be amended to"owning"in order to avoid ambiguity. Third, because that confirming"at the scene"is so complicated, judicial interpretation should give it material interpretation.