Study On The Nature Of The Act Of Robbing Key To Steal Property

The act of robbing key to steal property is a real crime in the judicial practice, itis implicated by an act of robbing key and an act of stealing property which has jointrelationship.and it has features of complexity, specificity of object of robbery andtheft of tools, the close association between the victims and so on. According todifferent division standard, robbing key to steal property behavior can be divided intodifferent types, there are four main categories: interval and not interval type, controland non-control type, for the purpose of stealing property and stealing property spurof the moment type, stealing the victim’s belongings and stealing other people’sproperty type. On the nature of the act of robbing key to steal property, there are fourmain theories: robbery theory, theft theory, robbery and theft concurrence theory,robbery and theft from a felony theory. These four theories are revealed to somecharacteristics of the act of robbing key to steal property, having a certain rationality,but there are also certain theoretical difficulties, which prevent the nature of the act ofrobbing key to steal property from being a perfect theory. In fact, to correctlyunderstanding the nature of the act of robbing key to steal property, we shouldcorrectly recognize the real natural requirements of the "on the spot" on robbery, andhave a deep understanding the relation and difference between the deliberate ofrobbery and theft, as well as the transformation and covers between them. From theperspective of theory of criminal constitutive requirements, the act of robbing key tosteal property only constitute a crime, but as for what constitutes a robbery or theft,there is a simple distinction, according to a key actor between the behavior of therobbery and theft of property whether the actor implements controlling behavior onthe victim whose key is robbed. If the actor implementing controlling behavior on thevictim should generally be convicted and punished for robbery, but if there is noimplementation of controlling behavior, the actor generally be convicted and punishedfor theft.