The Qualitative Theory Of Robbery Ious Behavior

In our criminal judicial practice, about the robbery of a controversial question is:in the civil lending relationships, issued by the debtor to the creditor written evidence of the creditor’s rights debt relations of creditor’s rights certificate means "iou" can be the object of crime of robbery. In other words, rob ious behavior can be regarded as robbery. In the theoretical circle of criminal law, the relevant theory of forming great differences, even in the very great degree is completely opposite to each other., roughly divided into agree with and against said two different views. Scholars argue that opposition said ious cannot be the object of crime of robbery, then according to the object and objective aspect of crime constitution condition, the error that robbery "iou" behavior cannot be established robbery. Iou is a monetary standard evidence of the creditor and the debtor creditor’s rights debt relations between both sides of a form of written proof of creditor’s rights carry robbery ious and robbing things are two different concepts, there are significant differences, the offender does not obtain property on the spot, should not constitute a robbery. Agree that scholars in view of the scholars have argued against said scathing critique of the point of view, they advocate of robbery crime object can be written of the creditor’s rights certificate ious, etc. For the following reasons:first of all, without violating the basic principles of criminal law the principle of a legally prescribed punishment cases, robbery crime object of property to expand the scope of other interests is defined to include legal and rational. Secondly, the concept of citizen’s property rights in criminal law theory and the concept of property rights in civil law cannot delimit equal-sign, absolutely the former as the extension of the crime object should cover other interests. Again, the judicial practice in ious as the crime object of robbery cases abound. Needless to say, how to accurately to the behavior of the actor rob ious qualitative, the key lies in whether acknowledged iou can be used as the object of robbery and rob the ious behavior have robbery crime in established condition. Robbery is a common and frequent in market economy condition property crime a crime form. Can clear the above problems, on the one hand, help us to accurately evaluate and qualitative daily life frequently ious robbery cases, on the other hand also for how to accurate discretion robbery in criminal justice system provides a standard ious case of punishment. In short, clear about the conclusion is of great theoretical significance and practical significance, in the whole criminal theory system will produce important historical significance.Related theory in this paper, through the analysis of the theoretical circle of criminal law and ious in certain circumstances can become the object of robbery, robbery ious this written proof of creditor’s rights behavior should be established in certain circumstances robbery. In the process of argument, first through the accurate definition of robbery and the crime object and explains the definition of ious this written document of creditor’s rights related conclusions, secondly puts forward the robbery ious behavior that should be paid attention to in the judicial practice that many key problems, at last this paper expounds the sentencing how accurate discretion punishment to the behavior of the robbery ious. In conclusion, the author tries to sound of corresponding legislation system and the judicial practice problems provide some solutions, in order to contribute to further perfect the rule of law society.