Study On The Constitution And Confirmation Of Robbery

Not only is robbery a kind of complicated and multiple crime, but also infringes personal right and property right. Thus it is usually made as the key crackdown target of the rule-makers in Chinese history. Although there is some specific regulation about robbery, such as Item263of Criminal Law, and the Supreme People’s Court also enact a few judicatory explains about robbery. All these rules truly make the identity of robbery more specific and practicable and take an important role in guiding the judicature practical work. Since a growing number of latest situations and problems appear from the judicatory practices, however, the theoretical field and judicial practical field of Criminal Law have diverse viewpoint in the understanding of relevant rules as well as their applications in practice. Hence, the phenomenon of applying disunity which hinders the judicatory justice appears. For the task of servicing judicatory practice as well as striking the robbery crime, this thesis will strive to settle some disputed dilemma regarding the robbery crimes with theories and practical cases combining, in addition to put forward my own point of view.This thesis analyzed from the basic theory of constitutive elements of robbery crime, generally disserting the subject, subjective aspect, object, objective aspect of robbery crime. In the definition of robbery crime’s objective, This thesis is deeply discussing the matter in the following six aspects:will the real estate, on-line virtual property, intangible property, Intellectual property, illegal property be the objective of robbery crime.In terms of the objective aspect of robbery crime, the conclusion can be found from the connotation of the means act of violence, coercion and other method. The target of violence include neither substance nor interested person present; not only does doers of the violence behaviors intend to prevent the victims resistance, but also cause or may cause such result. Inactive coercion dose not constitute the robbery crime; implied coercion may constitute the robbery crime under special conditions. other methods mean the acts which doers impose to victims beyond violence and coercion make victims do not know, cannot or do not dare to resist, besides, based on the content above to classify other methods.At length, the last part of this thesis chiefly talks about the boundary between robbery crime and other related crimes, to name a few, forcible seizure crime and extortion crime. These crimes are easily confused in juridical practice. This part includes the distinguish theory between different crimes as well as the discussions of some controversial cases.