Research On Aggravated Offense Of Crime Of Robbery

Robbery is the most common in society, and the great danger, extremely badinfluence criminal behavior that has seriously damaged the personal rights and propertyrights of citizens. Always been the object cracked of criminal law focus on. Our currentcriminal law enacted in1997classify robbery from criminal means, crime locations, theresults of crime, crime object, the amount of crime and the number of crime and otheraspects to different categories, At the same time for guilty of aggravated robbery insentencing also made a distinguished guilty of basic robbery, increased penalties. In thispaper, from the aspect the current criminal legislation and criminal judicial interpretation,eight of robbery aggravating circumstances are analyzed and demonstrated in-depth andsystem, However this paper is not a simple discussion and solution of each circumstancein specific types and trivial issues encountered in practice, instead the paper combineaggravated robbery both in the theory and practice, and cited relevant case, to discoverand solve problems. This paper is divided into six parts.The first part of the paper is the concepts and characteristics of aggravatedconstituted crime. Because this article is the research of guilty of aggravated robbery, soit is necessary to study issues related to aggravated crime deeply before the research ofeach circumstances.The so-called aggravated constituted crime, it is a special type ofcrime, and it is respect to basic terms. Aggravated constituted means the foundation ofconstitute the basic crime has the aggravating elements constitute, which is a relativelyindependent forms of crime. Aggravated constituted crime mainly characterized by aclear relationship between aggravated constituted crime and basic constituted of crime,constitutes a crime aggravated by comparing the results are mostly independent frombasic constituted of crime. To aggravated crime, classification is necessary, because ofthe next five sections of the paper were studied separately, according to differentclassifications of aggravated crime. There are many classifications of Aggravated crime,According to eight circumstances of aggravated robbery, divided aggravated crime intofive types, then put eight aggravated robbery circumstances in different types ofaggravated crime in accordance with their own characteristics then research.The second part of the paper is the aggravated robbery in consequential, mainlyresearch the contentious issues of death causing by robbery. First discuss the crime form of death causing by robbery. The most controversial part of the death causing by robberyis included murder or not, author take the answer of yes that should include intentionalhomicide. But does not imply endorsement of all in the implementation of robbery,killing the victim’s behavior are identified as guilty of aggravated robbery, and thereshould have a limit. The next discussed the range of "human" in death causing by robbery.About whether include accomplices, author think the view point from comply with thestatutory is more desirable.The third part is aggravated robbery in the object. First discussed the define offinancial institutions as a crime target, military supplies, Secondly, discuss therelationship between subjective understanding of perpetrator and the behavior of peoplein the implementation process of the crime of robbery objects on the subjectiveunderstanding and defining the relationship between the crime and defining the crime.The fourth part is aggravated robbery in means. As a means of aggravated robberyarmed robbery and posing as police officers crime of robbery were analyzed system. Inthe armed robbery, the way how to understanding "firearm" definition and behavior of"Display" is detailed discussed. About robbery holding fake gun, according to the explainprinciples of criminal law, I believe robbery holding a fake gun should not be included in“armed robbery”. For the "hold" in criminal act of armed robbery, Author believes that aslong as the perpetrator carry the gun, and knowing that carry guns constitute a "gun"Elements of this aggravated. In posing as police officers robbery, there is greatcontroversy in "posing" and real military and police to commit robbery. Depending ondifferent theory viewpoint, from the aspect of behavior and social harm from the victim’sperspective mandatory, author agreed more for robbery when clear their real identity donot belong to the implementation robbery of posing as police officers, and should not bethe viewpoint of aggravated robbery crime.The fifth part is aggravated robbery of location. First the concept and characteristicsof aggravated guilty is discussed. Then take a example of robbery break in house androbbery on public transport, we take a discuss in the characteristic on "house” and"public transport". Through the crime whether to unfinished form of "Burglary" whetherthere is unfinished forms were studied and discussing.The sixth part is aggravated robbery of amount, the standard of "amount" in the huge amount of robbery was analyzed and discussed. How to identify perpetrator robbedmotor vehicles as instruments of crime or the circumstances of the escape tools? Authoranalyzed with examples and crime constitution theory, Believe whether the defendant’ssubjective purpose of illegal possession of a motor vehicle is the key found guilty ofaggravated robbery. Finally, discusses the enormous amount of robbery and attemptedrobbery issue, the author argues that the existence of the guilty of attempted aggravatedform.