On The Legal Benefits Endangered By Robbing Crime

In the Chinese criminal law context for the interpretation of the robbery, the crime of elements of the object has a very important role, embodies the principles of the criminal conviction of the object-oriented role, can solve some problems in the judicial practice. The full text discusses elements of the object of robbery, revealing it as a functional concept of Physiognomy.Part Ⅰ:the crime of robbery qualitative inquiryDiscourse to be discussed in the robbery and why the object, discuss the object of meaning. The criminal law field had this element of the criminal object of the abolition debate whether to remove the four elements constitute a crime. Explore the issue on the primary object and secondary object. Tong said that personal rights are more important than property rights. If, however, discuss both the object of the robbery, the priorities are what light is not easy to conclusions specific to the case. Property rights are not necessarily more important than personal rights, and vice versa. Robbery in any sense a certain violation of double object cases can be compared. For example, after killing the victim, only to grab a pack of actors in the case against the personal rights of the victim’s certainly more important than the infringement of their property rights. But there are also many cases, but the actors say a few threat to the victim if the victim large sums of money of money to the perpetrator may not be able to say in this sense, the behavior of the victim’s personal rights against more important than property rights infringement. Point of view from the usual sense, robbery is a violation of property crime, but the inevitable assault and battery. Criminal law, seldom conclusive what of what light can only be the case analysis.263of the Penal Code robbery and placed in Chapter V of the Criminal Code against property first. Chapter from the object of the class of crime against property, violations of property legal interests, robbery first to violations of these objects (legal interests). However, the offense and the fifth chapter of other crimes, compared to a very important feature, namely, both violations of property rights, assault and battery, violations of the object, the violation of a double object. Accordance with the usual theoretical framework on the rights of personal rights is more important than property rights, so its a matter of course to be placed in the primary location for violations of property rights of crime. The offense from the point of view of reading codes, follow the crime of the fourth chapter of the assault and battery profit after provisions, and can even be seen as a turning point in a logical relationship. The reason why the offense on the fourth chapter of the Penal Code, because of the dictates of a nation for thousands of years the concept of a continuation of the existing system. Usually still believe that robbery is a crime against property, violation of personal rights, but the criminal purpose of obtaining property, and the majority of cases the actual occurrence of the harm is done as a violation of property rights, on the personal rights of harm is relatively minor and criminal infringement of personal rights in the usual sense is very different from the robbery on the property crime easier for ordinary people to accept and understand. Furthermore, with the other property crimes comparative analysis of the crimes and the fifth chapter of the class crime, in violation of property rights, there is no difference, the only difference is that the means-the use of assault and battery means of hermeneutic analysis of difficult cases, a more prominent issue. For these reasons, on property crime is relatively more scientific.In theory and practice of how to understand the object, and the robbery victim’s three states taken together. First of all, depends on two kinds of object relationships. Illegal possession of other people’s property, the custodian of the property owner will make every effort to protect the integrity of their own property. The behavior of the robbery is a violation of personal rights, to control the victims, the victims dared not resist, can not resist, unable to resist. This is described in the usual sense of the robbery of three states:not the actors was completely shocked, did not resist the consciousness; unbearable, the victim resisted, but eventually due to its own conditions and the objective constraints suppressed by the perpetrator; not behavior by some means to allow victims to directly on the complete loss of ability to resist, such as secretly sleeping pills on the victim cups, the victim drink down, unconscious. For a violation of double object must be the first violation of personal rights, then violations of property rights is a very strict inheritance relationship can not be reversed. Once reversed, the robbery may constitute other crimes, it may be several crimes. The quality of the sin of robbery and violation of personal rights, property rights infringement..Part Ⅱ:Difficult case of the first part:robbery Explore some of the problems faced by the definition of robbery, such as narcotic drugs robbing case, alcoholism anesthesia robbing case, robbing the case of pornography temptation of robbing case, confinement and other difficult cases. Involved in such cases the surface to explore the essential characteristics of the robbery,"other methods", but deep step, the need to parse the object of the robberyPart Ⅲ:robbery internal association First, the analysis of the269. Compared to263, expressed from the law point of view, a violation of the object is upside down, looks like a first violation of property rights, then violations of personal rights. In chronological order and logic is reversed, but the behavior of the law will continue to evaluate the robbery. After the founding of new China in acts of theft, the use of violence in snatch the norm for the solution of these problems need to legislate wisdom. The legislation comes from life than life in a foreign country, in which case the general graft, Chinese law for such acts to take the way of legal fiction, fiction for this behavior to a robbery, not263standard sense of the robbery. Legislation in order to conviction and sentencing of a simplified, targeted deterrent against ordinary phenomenon in this life, is also in order to reduce the application of the provisions of the death penalty, it will normalize. Under the present conditions in China, from the criminal law hermeneutics should be given to the spirit of such legislation. The intent of the legislation lies in the mind of the interpreter, caused by the resonance of the judiciary through the interpretation of legal provisions, the conclusion of such an interpretation can apply to life practice, this is the intention of the legislation, rather than the intention of the legislators individuals.269surface is reversed, but this is a fiction of the robbery, as distinguished from the263in this state on the robbery.Second, the267is one of the most typical form of fiction. Lethal weapons fixed robbery, need to be properly defined to carry the concept of "weapon". Carrying a machete to "grab" the behavior is given263robbery and given267or robbery? If the weapon on the spot will be able to show to the victims, the constitution of the "coercion" on the meaning of263? Lethal weapons, Under normal circumstances, the perpetrator does not produce to the victim, with hidden, but for the victims of a potential threat, the threat of this potential threat into reality, the act should be directly given to263robbery. This carrying behavior certainly is not used, but also the victims to openly display the weapon, a weapon hidden in the body. This is the1997Penal Code for the security situation at that time poor lethal weapons behavior frequently occur, pose a threat to people’s lives and property of the context, the legislation of its deterrence. In actual use, the provision will be many problems, almost can not operate:For example, once the hidden weapon to produce or use, directly into the263, then what weapon? The fruit knife as a weapon? Very typical behavior of hiding to bring daggers to snatch rarely carry an iron bar to be considered lethal weapons? Or an iron bar on the carry bag inside count? Clause of the real significance lies in the sense of the criminal policy of deterrence. The spirit of the legislation of267and263double object does not conflict.Part Ⅳ:robbery boundary Interpretation"Spot" is a fuzzy science concept, in theory, can continue to assume that case, assume that any theory collapse. For example, in a room inside victim out to catch the perpetrator. Catch up with what to count on the spot? Catch up with the yard must be on the spot, if you catch another city? Chase the middle of the process, sometimes the perpetrator has not the sight of the victims, but victims to accelerate, the behavior in the victim line of sight, and finally to catch up, which also counted on the spot? Marginal boundaries of a thing and another thing, not an objective existence, but a subjective set. Both can be understood in the periphery to the spot, can also be understood as non-spot. Slightly modify the conditions set, then any theory can be defeated. From the perspective of hermeneutics to pursue the spot, the edge is in vain. It is no exaggeration to say that99.99%of the cases of life has a core meaning, to explain the main energy is the core meaning of the study of things. Only a very few cases, both can see, can not look at each each had reason, which needs the core meaning of each crime to be processed. For example, the perpetrator robbed a bank card, the victim is no way to honor property on the spot, robbery and redemption of property in time and space on an isolated, grab the card up as defined in the core meaning of crime, rather than assumptions controversial edge "on the spot."Through a third party to obtain the property would give rise to different situations, to allow victims to call to a third party to take the money. If the victim said he was just no money to a third person if the victim was kidnapped, in this case the behavior of human behavior has threatened a third person;need to borrow some money, will be another kinds of situations. The perpetrator may also appear to allow victims to their own friends and relatives to call in advance between the victims and relatives agreed signal, so the actors do not know the relatives of the victims know that the victim was kidnapped.Village bully to fight to stall a slap in the face, eat an apple fruit stand. In this case, the perpetrator both of violence (beating a slap in the face), but also the behavior of the strong to take other people’s property (robbery, in theory, does not define the amount, so in theory an apple also constitute a robbery), but judicial practice Why generally do not robbery to deal with? Judiciary should be treated as an ordinary person to appreciate life, if he is the perpetrator, assuming he is a "victim", assuming they are community police, assuming they are around on the sidelines of the people, and when this happens, how would like to? How to deal with? If given the robbery, ordinary people will think whether to accept? Accepted and understood by the people of robbery model is particularly strong subjective mens rea for the property. If the subjective mens rea is particularly strong, even grab a penny count of robbery, but the behavior of the strong to eat an apple, people do not believe that the subjective mens rea of the perpetrator is more than strong. The core of the criminal law is against the subjective evil, however, theory, criminal law, to explain that science can not nor necessary to interpret these strong apples out. This also involves the law come from, what the basis of written text codes and functioning "living law" What is the relationship?...