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Transformed Robbery Inquiry

Posted on:2014-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:M KangFull Text:PDF
GTID:2266330425455923Subject:Law
Abstract/Summary:PDF Full Text Request
In judicial practice, the crime of robbery is a common multiple of crime of property violation, because it is against the property rights and personal rights crime, in criminal law of China is focused on targets. Transformed robbery is a special form of common crime of robbery, stipulated by article269th of the criminal law, but due to its complexity and particularity, are controversial in theory and in practice a lot, so an accurate understanding of the law of the crime of transformed robbery and in judicial practice, how to correctly apply, have very important significance. In this paper, in the form of case analysis, combined with relevant theory, study the main issues on the crime of transformed robbery.The first part, the value of research status and introduction of transformed robbery, for the following discuss controversial issues to pave the way for. The second part, starting from the definition of the crime of transformed robbery, and introduces the history of domestic and foreign of transformed robbery. The third part, introduces the premise conditions of transformed robbery, this part of the contents of criminal law is also controversial. The main analysis of the composition of the crime of transformed robbery is theft, fraud, plunder for previous behavior must reach the level of crime, whether to include special theft, fraud, robbery, theft, fraud, and whether to include the crime of seizing preparation, attempted, discontinue; fourth part, introduce the constitutive elements of the crime of transformed robbery, the main news spread the objective aspect, the subject, the subject of three parts. The main contents section of the objective condition is the "spot" and "the use of violence or threat of violence" to understand; the main conditions is a major part of the "full14years of age, minors under16years of age can become the subject of the crime of transformed robbery; the subjective condition is three kind of subjective purpose of transformation the crime of robbery" conceal booty, resist arrest or destroy criminal evidence "analysis. The fifth part is the attempted crime of transformed robbery. Mainly discusses the crime of transformed robbery is attempted, and attempted standard.
Keywords/Search Tags:The crime of transformed robbery, Prerequisite, Attempted crime, Cognizancecondition
PDF Full Text Request
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