Robbery Violence Problem Research

Robbery crime is one of many crimes, but the violence of robbery as a subject to study the treatise is considerably less. While the robbery violence found in judicial practice there are many differences and difficulties. In the crime of robbery with violence, first means a physical force, i.e. by an external, violent physical function, psychological property holder to have a strong influence, thereby inhibiting the victim. Firstly, in the criminal law field for violent content, and then combined with the overseas and our country current theory of robbery crime concept and the characteristic defining. General rules of the criminal law and puts forward the concept of violence is only in the special provisions of the difference between the denotation, connotation is consistent. The violence of robbery and the concept of feature based on the elaborate. Secondly, in the robbery violence object of thought, the" people" should include "an interested third person", and puts forward the violence and violations of the human rights should be extended to liberty, cannot stay in only the right to health, the right to life. In addition, in favor of robbery violence needs to a certain level point of view, and demonstrated the necessity of violence limits. For how to determine the level of violence of the issue, put forward to should pass on the objective that the refinement and interpreted to determine. Again, in distinguishing between similar concept, put forward the robbery with violence coercion should be content, but the two also exist differences. At the same time, robbery and the crime of seizing, assault, murderous violence have a basic meaning and way of difference. Through the discussion, distinguish the similar concept, guide the judicial practice. Finally, based on the front of many issues discussed combined with China’s current legislative situation, using the foreign experience for reference. Think our country robbery violence legislation should be improved from two aspects:first, through legislative interpretation and in general chapter fifth additional provisions on violence, violent unified generalization. In two. by the way of judicial explanation in the specific to the violence of robbery prescribed release.