Conditions For A Larceny To Constitute A Transferred Robbery

Robbery has always been the focus of China’s criminal law to combat crime,with violations of property crimes increased equity, and afterwards increasinglyfrequent robbery. Criminal law, there are many disputed afterwards robbery, judicialpractice, there are many operational issues department. Properly understoodafterwards robbery conviction and sentencing in favor of the right, but also to betterprotect the personal and property rights of citizens. This review focuses on theestablishment of the conditions after the disputed robbery detail five aspects, namelythe nature of post-robbery, robbery behavior afterwards premise, after the mainelements of robbery, objective behavior after the robbery, and the subsequentrobbery The subjective purpose. By analyzing and comparing different theories existscholars at home and abroad, and by argument to select a more scientific basis,combined with China’s actual situation, to explain his own analysis.After the robbery on the nature of criminal law there are two views: a view tothe provisions of Article269of the Criminal Code to understand the conversionguilty, another view of the provisions of Penal Code section269is a legal fiction. Iprefer to be called after the Penal Code section269robbery. For the premise ofbehavior after the robbery, scholars mainly two issues in dispute. First, with regardto the amount of property to commit theft, fraud, robbery crime is theft, fraud,robbery acts as a precondition to achieve a larger problem, there are four mainacademic point of view, I support Professor Mingkai Zhang view that to "committheft, fraud understanding, snatch crimes "does not refer to the actual perpetrator ofproperty acquired large amount of criteria must be met, we must consider whetherthe perpetrator has made a large amount of property and the risk of subjective intent.Second, with regard to the special theft, fraud, crime is included in the snatch afterthe robbery premise crime problem, scholars say there are affirmative, negative tosay with the compromise that I think, can be evaluated as theft, fraud behavior,snatch crimes, are likely to set up after the robbery. Later robbery This paperdescribes the main elements of both. First, after the main body of the scope ofnational regulations of the first acts of robbery is not consistent, this paper argues, the main scope of the criminal law after the first act of robbery is limited to theimplementation of theft, fraud, robbery perpetrator acts with science and rationality.Another is the full14years of age under16years of age who can become the mainissue after the robbery. Mainly academics say for sure that both views and negativeto say, I believe that the full14years of age under16years of age shall be heldcriminally responsible for the post-robbery. After the robbery controversial objectivebehavior problems are on the "spot" that the use of violence or threat of violence tothe extent as well as the use of violence or threats of violence the object. For the "onthe spot" of the understanding, criminal law, there are three views, one point of view,"on the spot" refers to the implementation of the crime scene theft, fraud, robberybehavior. One view is that the spot "refers to harboring stolen property, resistingarrest, destruction of evidence relevant local, rather than theft, fraud, robberybehavior.There is a view that," on the spot "refers to the act to implement theft, fraud,scene snatch behavior and the behavior of people fled the scene immediately afterpeople found the whole process pursued by the paper in favor of the third view. onthe use of violence or threat of violence to the extent that China did not conductcriminal theories limited. This paper argues that, after the robbery of the "use ofviolence or threats of violence," the degree must also be sufficient to suppress therevolt of the extent of others, namely the "Criminal Law" Section263provides arobbery in the "use of violence or threats of violence "are interpreted similarly.criminal law and judicial practice, generally considered the object of violence orthreats of violence, the only victim or arrest people, even asked the victim or arrestpeople who recognize the behavior of the implementation of the Theft, fraud orsnatch crime. I believe that, as long as the use of violence in line with the spot orthreats of violence, finds the previous theft, fraud or acts of violence or snatchthreats of violence acts have time and space close association, it can be evaluatedfor post-robbery.