Against Property Crime In The Violence Research

Crime of invading wealth with the number, involving a wide range, the social harmfulness, especially the crime of invading wealth social harmfulness of violence, more involved in crimes against property, so the violence has been object of the criminal law on the regulation of china. But, our country criminal law does not define the usurpation of crime of violence, and the research of violent crimes against property in crime is often from a point of view, to conduct a comprehensive, systematic study of the few usurpation of crime of violence, resulting in the usurpation of crime involving violence in the judicial practice, disputes often arise, is not conducive to the effective fight against crime. Therefore, a comprehensive, systematic study of the crime of violence against property has important theoretical significance and practical value. Therefore, this paper will conduct the research through four chapters of violence against property crime, in order to benefit the judicial practice in the future.The second chapter is the object, the violence in the criminal law of our country and the degree of academic classification. This chapter is based on chapter one defines the concept of violence, the violence in the criminal law of our country, the degree of object and theoretical analysis, in order to provide a more comprehensive perspective to the study of the usurpation of crime of violence. First of all, the object of violence in the criminal law circles of our country the controversial whether to include material are described, objects of the violence in the criminal law of our country includes not only the person, but also includes. Secondly, combined with China’s criminal law provisions of the statutory punishment in criminal law, and through the comparison of different charges of violence, the lower limit of a superficial study on the ceiling and violence in the criminal law of our country. Finally, from the perspective of theory, according to different standards and point of view, will be divided into explicit and implicit violence violence violent, direct and indirect force, generalized violence, violence and the narrow sense of violence, violence and violent attack forced, affect the conviction and sentencing of violent impact of violence, and discusses respectively.The third chapter is invades the wealth crime violence in solution. This part is the core part of this paper, due to space and the research direction is limited, the author only in the specific provisions of our common and involving violent crimes against property has the research value of the violence in the study. First of all, combined with the basic connotation of violence in the criminal law of our country and summarizes the characteristics of robbery, robbery with violence, against the three characteristics of tangible benefits, dual purpose only; studied into violence in robbery into violence and violence in the upper limit, lower limit the problem of violence, violence crime of robbery in the lower reach as long as enough to suppress the rebellion, in the upper limit of violence, the violence in the crime of robbery limit includes direct and indirect intentional homicide; in a violent robbery, robbery violence in the proposed object includes not only, also includes property all other relationships, custodian, the holder of the close person; to the transformation of the robbery violence including property owners, custodians, the holder of the other third people were on the card, and the transforming type of robbery with violence in the level of violence and robbery in the same degree is put forward point of view. Secondly, to study the implementation of physical force in the crime of seizing is violence, physical force to put forward the robbery is not a strong, but violence; in recognition of the crime of robbery prerequisite physical force belongs to the violence of robbery, in the use of violence is including the fault caused by the victim casualties the results are demonstrated. Once again, the crime of forced transaction in violence including of violence are demonstrated, the necessary restrictions on the range of the object and the object of the crime of forced transaction; violence is included in other relationship relative to the transaction close people to study; the degree of violence in the crime of forced transaction in, respectively from the people the level of violence and violence to the property to study, and puts forward the crime of forced transaction in the transaction relative person should be limited to minor violence, and the violent destruction of property, can be defined as "a large amount of". Finally, it focuses on the crime of blackmail and impose exactions on means of behavior including violence were discussed, and the "two questions on the spot" theory, put forward a slight violence may be a means of crime of blackmail and impose exactions on behavior; degree of an object and a brief analysis of the crime of blackmail and impose exactions on violence.Legislative defects and perfection of violent crimes against property in fourth parts. First of all, from the general provisions of criminal law and theory two aspects, legislative defect of violent crimes against property in the analysis, put forward the general principles of criminal law on the legislative defects of the lack of the violence in criminal law, the criminal law is not unified generalization of violent crimes against property in the specific content analysis. Secondly, summarizes the legislative defects in the invasion of violent crime in the basis of the property, put forward to explain the way of violence should be in general to add a provision or legislative interpretation, and also in the form of judicial interpretation of the provisions of the crime of violence, usurpation of legislative proposals to perfect.