Li Wei Theft Robbery Legal Analysis

Robbery due to its personal rights and property rights infringement double of the object characteristics, has always been the theory and practice for the object of attention. A transformative robbery is a legal fiction in the particular case a behavior can be defined as robbery of a crime, the criminal law and the provisions of the quite simple and generalization, the relevant judicial explanation is also YanBuJinYi, specific to a transformative enter a robbery this crime pattern, but also have a lot of obscure place, some scholars dispute is also their word, the debate, such as a transformative robbery the preconditions, into the extent of violence behavior should be how to define the specific to only what, shall be determined as a transformative robbery has the aggravating circumstances, enter a transformative robbery attempted accomplishment, all of this to the judicial practice related operation has brought a lot of trouble. Based on the analysis of a case, which caused some controversy, hope to help address these issues.This paper is divided into four parts.The first part:case studies. Introduced the courts, the defendant li wei, etc for theft into houses, were discovered the victim of violence against catch the basic facts and death of Shanghai no.2intermediate people’s court of the people’s court and the higher people’s court of second instance, the on this case.Part2:case the disputes and disagreements. The focus of this case and issue:the case of the major disputes focus is on the defendant in a burglary li wei was discovered, escaped to catch and USES violence on the spot into a type of robbery, can apply stipulated in article two hundred and sixty-three of the\" enter a robbery\" the aggravating circumstances.Part3:legal cases involving the analysis. In this part, the author first to our country at present the relevant laws and regulations to introduce, again according to the provisions of the not clear where the viewpoint that the scholars with theoretical research, about the transformation of the determination of robbery, the author finally came to the conclusion that the:transformation of robbery of previous behavior not to constitute a crime for conditions, that is as long as has the theft, fraud, robbery behavior, in accordance with the conditions they can be recognized for a robbery. At the same time for booty, resist arrest or destroy the evidence and USES violence on the spot or the threat of violence, as long as the violence levels to achieve enough inhibit the degree of resistance others, make the victim can’t or can’t resist, can that crime constitutes the converting conditions. Then the author through the legislative situation and discussions and analysis of robbery aggravating existing transformation agreed to make the idea that a transformative robbery in accordance with specified conditions can be identified as to have\"door\" the aggravating circumstances. Again, the author of the aggravating circumstances make this concept that\"a transformative enter a robbery\" relatively clear-cut definition, and analyzes the existing in the determination of enter a plot some questions, such as\"door\" the purpose of illegality requirements, violence or violence intimidation occurs in indoor and behavior, the author thinks that a transformative enter a robbery of previous behavior is not limited to a burglary, should also include enter a fraud, enter a rob behavior, and the crime was in line with the transformative robbery and to enter a robbery of three qualification after only in specific cases should be identified for the transformative enter a robbery. Finally the author thinks that the transformation of the same type door robbery accomplishment, as well as robbery has attempted state of points, cut distinguish the same standard, that is, as long as the person actually has caused property or the victim of the results of the above the minor is the accomplishment, and above two results are not appear namely with attempted.Part four:the case processing opinion and to initiate some ideas and legislation. The author thinks that the behavior into li wei of robbery, but shall not be assumed to enter a robbery. Finally the author analysis the case by thinking, the criminal law and related law article proposes some Suggestions to help to the improvement of the legislation.