Analysis Of The Robbing Action On The Form Of Faking Police Catching Gambling

In recent years, a new kind of crime of robbery that people fine money on the form offaking police catching gambling and prostitution becomes very frequent. In the juridicalpractice, there are sharp differences between those judgers on the problem of defining theaction of “fining money from gamblers and whoremasters”. Some judgers think it hasconstituted crime of cheating and bluffing, someone thought it has constituted crime ofextortion, other judgers insisted crimers should be judged by their exact action. Because of this,the super court enacted new judicial interpretation in2005to define the detail provisions of thefake action. However, the judicial interpretation is so unilateral that it is hard to be used in thejuridical practice. In this paper, through the discussion of the difference between crime ofcheating and bluffing, crime of extortion or robbery, the author want to sum the critical pointsto differ the crime of these three crimes and give detail provisions to define those action so tohelp the judgers to make right and proper decision on this crime action.The whole article is consisted of four parts which include about18000words.The first part introduces the detail case of this paper. And tells the whole procedure thatQI, JIN and Wang devour property by robbing.The second part is the main problem and disputes focusing on this case. In this part,author gives the main problems to be discussed in the paper and introduces the differentopinions of all kinds of people.The third part is legal analysis. This is the core part of the whole article, firstly, authormakes a detail analysis of the crime of robbing from the angle of the definition and constitutionof a crime, especially discusses the objective aspects of the criminal of robbery including theviolation in the robbery and the relationship between violation and the action of grabingproperty on the ground. Then author makes profound analysis of the difference between thethree crimes from the theory and juridical practice. Through these analysis, author sums up thekeys to differ these three crimes as follow: firstly, the key to differ the crime of cheating andbluffing and robbery is victim’s attitude. In crime of cheating and bluffing, the victim gives theproperty willingly in the premise of deceive, in the crime of robbery, victim gives propertyunwillingly because of the violation that forced victim to have to. And the key to differ thecrime of extortion and robbery is two aspects, one is that the intimidatory violation in crime ofrobbery must be possible to turn to the real violation, but in crime of extortion it must be not. The other is that the intimidatory violation and the action of grabing property must behappened at the same time in crime of robbery, but in crime of extortion these two actions mustbe not in the same time, they must be crossed.After that, author simply analyses the punitivemeasures to Wang, author thinks that Wang’s action has constituted the joint offence andshould be also judged to robbery.The forth part is the result of the research. the author believe that Qi,Jin and Wang hasconstituted the crime of robbery.