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Special Acts Of Robbery And Object Research

Posted on:2014-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhengFull Text:PDF
GTID:2246330398478642Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Robbery is a serious violation of property crime nature, is the focus of criminal law around the world, our country criminal law theorists on the discussion of robbery has never stopped. On the one hand, due to most of the countries with the robbery as a violation of property crime, most of these countries and regions of legislators and scholars think that robbery by infringement of legal interests while at the same time including the citizen’s property rights and of the citizen’s personal rights, but because the offender rob behavior is mainly aimed at the property, rather than the means of violence, coercion or other means, the actual result is often more serious are the property of the victim loss, so robbery major infringement of legal interests is property rights.,on the other hand, due to the conciseness of the legislation and general requirements, our country criminal law about the description of the robbery is only "robbery with violence, coercion or other public or private property", the law not also impossible to generalize to all behavior of an object. So, with the rapid development of social economy in our country and increase social wealth, social and economic life has higherIn addition to the preface and epilogue, this article is divided into five parts to discuss the robbery of the special behavior of object.The first part, the author mainly discusses the problems of robbery behavior as the object of property interests. This part introduces the concept of property interests. Different scholars on the scope of property interests of definition, the author embarks from the mainstream classified methods, summarized coarse is suitable for the classification of the criminal law in our country. And then analyzes the theoretical circle of criminal law about the property interests as the object of robbery behavior theory point of view, and the different theory point of view to make a brief evaluation, so as to clarify the author in favor of the position. Finally from the civil law, criminal law, civil law, legislative, and judicial practice hermeneutics five aspects elaborated property interests is robbery behavior object reasons.The second part, the author mainly discusses the network virtual property as the object of robbery behavior problems. This part first through cases in judicial practice, the concept of network virtual property and characteristics. And then discusses the network virtual property and other property interests difference, namely the characteristics of network virtual property itself. Finally analyzed the reason become robbery behavior objects. In this chapter, the author notes that the network virtual property and common property as a robbery behavior differences between objects, hope this has guiding significance for judicial practice.The third part, the author mainly discusses the problem is that property of robbery behavior as the object of the problem. In this chapter, the author first introduces the concept of real estate and equity property, as the later view. Secondly, this paper analyzes the related real estate of robbery behavior as the object of the theory. Once again to introduce relevant foreign legislative cases for comparison, analysis of China’s criminal legislation on the explanation of the problem. Finally focus analysis real estate object’s position and the reason can be regarded as robbery behavior.The fourth part, the author mainly discusses about the object of contraband goods as a robbery behavior. First of all, starting from the concept of contraband and stolen goods, and then illustrates the ideas about contraband and stolen property as the object of robbery behavior and position. Finally discusses the contraband object can become a robbery behavior and stolen goods.The fifth part, mainly discusses human organs become object of robbery behavior problems. By introducing the human organs in medicine and punishment law concepts and legal attribute, highlighted the three kind of feeling, to form to discuss issues of robbery behavior as the object of human organs.
Keywords/Search Tags:behavioral objects, property interest, network virtual property, realestate, llegal property, human organs
PDF Full Text Request
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