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Study On Cable Property Behavior Qualitative Threat Management Process

Posted on:2014-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:J Y YiFull Text:PDF
GTID:2296330467965093Subject:Law
Abstract/Summary:PDF Full Text Request
Robbery crime in criminal law is a kind of common crime,it is a violation of a complex object(double), is a violation of other people’s property rights, but also a violation of their human rights, inthe judicial practice of this crime is the key for the definition of the objective behavior the way is thethreat of violence means so that they know not,,,afraid to fight, and to have the two "on the spot"on the spot, the spot has the property of violence. But in practice often have many atypical robqualitative takeproperty controversial, such as between operators in the business process isthreatened rob property betweenrobbery, blackmail and impose exactions on crime, the crime offorced transaction behavior, are worthy of in-depth study how qualitative.I discussed a series of from a case in this paper, the taxi driver to take off in the middle ofthe night female passengers a field to the clothes off threats to rob thebelongings behaviorqualitative disputes, analyses how to distinguish between qualitative behavior cognizancebetweenrobbery, blackmail and impose exactions oncrime, the crime of forced transaction, expect to in thejudicial practice will be helpful in such cases.The full text is divided into three aspects:First: the basic situation of the case This part describes the cause, case,qualitativedifferences of opinion. The qualitative analysis of the taxi driver Zhang behavior hasthree points, one is that Zhang acts constitute crime of blackmail and impose exactions on, twoconstitute the crime of forced transaction, three is to constitute the crime of robbery. The focus liesin how to understand the essence of the difference betweencrime of robbery, blackmail andimpose exactions oncrime, the crime of forced transaction, the key point is the difference, how tounderstand the threats and blackmail and impose exactions on robbery crime threat is too great.Secondly: theoretical analysis of related issues.This part is the core content of this article.In this part of the blackmail and impose exactions on crime, the crime of forced transaction, thethree elements of the crime ofrobbery, the each crime and the case identified problems related,that Zhang does not conform to the crime ofblackmail and impose exactions on threat and meetthe threat of conclusion of robbery. Because in the case can be seen in Zhang for property anddeserve property is too wide, so as to eliminate the steady forced transaction crime.Third: analysis and conclusion of this case. Zhang to strip off the threat which belongs tothe victimsimmediately on the spot to physical threats method accords with the robbery crimethreat, to obtain more than their income is too great wealth does not constitute the crime of forcedtransaction, which constitutes thecrime of robbery.
Keywords/Search Tags:threat to take money management, qualitative
PDF Full Text Request
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