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Problems Of The Determination Of Crime Of Robbery

Posted on:2016-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiFull Text:PDF
GTID:2296330461954051Subject:Law
Abstract/Summary:PDF Full Text Request
Multiple types of crime of robbery is a serious violation of people in personal and property rights, in the current judicial practice, there are a variety of controversial subject. But because the provisions of the current criminal law theory,there’re strong generality of robbery theorys and a certain ambiguity that process of conviction in criminal behavior on the behavior of people.There are many controversial issues which will naturally lead to emerge in an endless stream of judicial practice in the type of cases.Based on this situation, I think the robbery of existing legal provisions are still much worthy of studying, this articledeserves to solve several difficult problems of robbery crime.Firstly, various types of robbery in the judicial practice case is very complex, as one of the robbery of housebreaking plot statutory aggravated robbery crime.Cognizancing of the special type of difficult problems in judicial practice cases are highlighted. Although there are two judicial interpretations, a lot of difficult problems to get the exact identificationis very worthy of study.I throughthe case analysisin the behavior of the subjective and objective elements of the analysis, judgment and going into the households of the criminal purpose.I found the difference between "home" and " family".Based on the analysis of the robbery of housebreaking,I cognizance of such cases to explore the robbery of housebreaking.Secondly, based on the analysis of several special object in the crime of robbery, there’re virtual property and their properties for these special types of goods in the object of robbery crime.In my view,I still starting from the case, through the implementation of special crime people’s behavior means to learn special types of their particular properties.Judging the two special object,I solve similar types of cases in judicial practice in violations of these special property law benefit which can incorporated into the robbery crime punishment range.In addition, China’s criminal law and judicial interpretation provides some repeated harm behavior crime situation, repeating robbery as a statutory aggravated robbery plot also exist many problems in the judicial practice. In order to maintain the coordination of criminal law, the crime of adaptation is necessary to analyze the issues identified robbed many times. In this paper, I through the determination of number and behavior robbed many times to judge cases whether constitute several robberies. Comparing many times, more accurate in such casescan be defined.Finally, in the transformed robbery I divided two parts to transform the type of robbery.Through the transformation type robbery crime conviction and sentencing former behavior of different forms, it values theoretical research value and realistic significance.
Keywords/Search Tags:rob, judicial cognizance, criminal pattern
PDF Full Text Request
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