Application Of The Law Of Robberies Posing As Police And Soldier

Although China's "Criminal Law" explicitly define Robberies Posing as Police Officers (here in after as RPAPO or PAPO Robberies) is one aggravated form of the eight circumstances of robbery. However, the recent emergence of some aspects of the case on the RPAPO, while applying of the law still had some issues and controversies. To solve these problems and disputes can not simply be generalized, but rather to analyze specific issues. Because China's "Criminal Law" provisions of the existence of RPAPO legislative shortcomings, before any improvements or modifications to "Criminal Law", we can only interpret the law to solve the corresponding problems encountered.First, while we are identifying the perpetrator can be applied with RPAPO aggravating circumstances, the type of "police officer" were posed, the way and behavior of the perpetrator posing as police officers, and the degree of recognition of the poser's victims, will be classified as objective elements to be considered. In addition, whether the victim see through the perpetrator's behavior also involves many factors, some of these factors are on the poser side, some are from the victim side, in the handling of cases should be an objective analysis of these factors, because these factors will affect determination of the crime.Second, the composition RPAPO aggravating circumstances, their actions must constitute an ordinary robbery. So, what is the relationship between the PAPO behavior and definition of China's "Criminal Law" under the robbery of "violence, coercion or other means" Whether the poser behave to the extent of violence or coercion, the relationship between them worth us thinking.Third, the law only defines the behavior of RPAPO, but not on the military and police personnel in the implementation of the robbery to be clearly defined. If according to the principle of legality, military and police personnel in the implementation of robbery does not meet the robbery of the eight aggravating circumstances, should be recognized as an ordinary robbery; Corresponding to the crime, if based on the principle, RPAPO have to apply the aggravating circumstances, police officers robberies should also be applicable to aggravating circumstances. Without violating the law and get a reasonable solution, we had to expand the interpretation of RPAPO, but according to this interpretation we can not be identify as police officers robberies has greater harm to society than the RPAPO followed by any rush decision, but we had to still based actual situation with case-specific analysis.