The Definition Of Other Methods Of Robbery

Robbery is a common crime that does serious damage to the social security. Article 263 of the current criminal law takes "other methods" as means of robbery to make up for "violence" and "intimidation". However, the connotation and extension of "other methods" is relatively broad and vague, which results in divergence of defining some difficult cases. Therefore, it is necessary to scientifically define "other methods".The first part of the thesis briefly introduces the provisions of means action of robbery in the current criminal law of the most countries and regions in the world. Meanwhile, it focuses on analyzing and summarizing the researching situation of action manner of robbery in China’s theory field. Thus, compared with "violence" and "intimidation", the research on the action manner of "other methods" in the current theory is a little weak and most of the view is similar.The second part of the thesis prescriptively analyzes the nature of robbery. In the China’s criminal law, the objective conductive means of robbery consists of means action (method action) and purpose action. Means action refers to the violent, intimidating and other actions for robbing property. Purpose action refers to rob other’s property. That is, the action to rob other’s property on the spot or intimidate other to hand in his or her property. Therefore, the nature prescriptivity of robbery is to invade dual object--personal right and property right. And the actor must illegally invade other’s property by means action of invading other’s personal right. That is, first invade other’s personal right and then invade other’s property.The theory of dual object greatly affects the definition of action manner of robbery. The thesis mainly states the defining guiding role of this theory on "other methods". "Other methods" are not any methods. Judging it is restricted by the objective conditions of provisions of its criminal law articles. "Other methods" of robbery are generalization of other conductive robbery in other forms besides violence and intimidation. It must firstly invade other’s personal right. Only the action which invades other’s personal right by "other methods" to illegally possess public and personal property is robbery. Meanwhile, mean action of robbery should be the aggressive action which is actively conducted by the actor and greatly invades the victim’s personal right.The third part summarizes the characteristics of "other methods" of robbery and analyzes the actions of "using drug anesthesia" and "pressing wine for money" listed in most of the works of the criminal law in details. The former is definitely the typical case of "other methods" of robbery. However, it puts forward its different views on the qualitive of the latter.