The Research On Several Disputable Problem Of Robbery

Robbery, one of the most serious crimes in China, happens frequently. Theoreticalresearch about robbery has been developed greatly, but some arguments about it arearising gradually with the development of society and science and technology. Thus,the resolution about these arguments will bring great development both in theory andin practice. This thesis will discuss some arguments about robbery in the followingthree parts.Part one concerns the identification of criminal targets. After the discussion ofdisposability, value and otherness of public and private property, it is testified thatvirtual property, real estate, property interests, contraband, illegal property can bestipulated as criminal targets.Part two addresses the identification of “housebreaking”. It elaborates fourcharacteristics of “residence” which are closeness, lifeness, exclusivity and humanity,and it is clear that “residence” and “house” are unequal. Special places like washingroom, corridor and dormitory can be regarded as the residence in some specialconditions, but camp-out cars cannot. Meanwhile, in the explanation of the “breaking”,it is suggested that housebreaking robbery and home robbery are unequal. Fourdifferent ways of “breaking” are proposed and they are separately legal, illegal,seemingly-legal and transferred.Part three expatiate on the identification of “pseudo-robbery”. Four dimensions of“pseudo-robbery”, i.e. pre-conditions, objective conditions, subjective conditions andsubject conditions, are theoretically analyzed and its identification standards areclarified in this thesis.