Research On Some Problems Of The Crime Of Robbery

Robbery is common in our society, a violence-prone to take financial type crimes, through violence, coercion or other infringement of personal rights approach to take in order to achieve fiscal conduct criminal purposes. Therefore, social harm is self-evident robbery, robbery over the years has become the focus of the fight against crime in our country. Although China’s " Criminal Law" Section263,269,267, paragraph2robbery-related provisions made, but based on simplicity and general characteristics of legislation, as well as methods of behavioral robbery diversity and complexity, in judicial practice, the substantive departments for robbery in the presence of a number of difficult problems are often different understanding that a finding of robbery there are some deviations. This paper is divided into three parts, based on difficult cases of robbery occurred in practice, to identify robbery occurred during some difficult problems for analysis and verification.The first part of this article on the crime of robbery objects and methods of behavior are discussed. I think, for real estate, IOUs, the possibility of becoming illegal property crime of robbery object can not be generalized, the cases should be combined with specific acts of conduct identified. For example, the behavior of the perpetrator of violence or threat of violence to implement only the occupation of other people’s property, should not be identified as the robbery. But the behavior of people in forced seizure of real property after he forced others to handle the change of ownership of real estate registration, should be punished in accordance with robbery. For the method acts of robbery, the author discusses the level of violence, coercion of content, form and other methods identified problems.The second part of this paper, robbery and extortion, forced trading crimes, boundary issues disturb the crime were analyzed. I believe that, if implemented can not distinguish between violent behavior against robbery and extortion, but should be based on whether "on the spot" obtaining property as distinguishing criteria. For the crime of robbery with a forced transaction, should be considered whether the existence of transactions from or to obtain huge profits trading name of two angles. Robbery and disturb the crime should be distinguished from the main aspects of subjective intent.The third part of this paper, the issues related to the conversion Robbery discussed. First, the transformed robbery Elements aspects of the problem are analyzed. For example robbery is not required to constitute theft transformed first acts constitute a crime. Secondly transformed robbery attempt, the consummated identification, should be the same as a typical robbery, obtaining property that the perpetrator final victim with minor injuries caused by violence over the consequences of the two conditions to meet one of the conditions that constitute consummated. Finally, Accomplice, the author demonstrates the two situations:1of prisoners jointly implemented a theft, robbery, fraud first acts of violence carried out part of the perpetrator, the subsequent threat of violence.2, not the implementation of theft, robbery, fraud ahead of the third person acts jointly or separately subsequent violence, threat of violence.