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The Analysis Of Robbery After Events

Posted on:2016-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2296330470474825Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Robbery after events is a special multiple robbery, which is prescribed by the Article 269 of the China’s criminal law. Under that provision, after the robbery in full accordance with the general qualitative robbery sentencing process, but considering the offense on a specific crime but also from the general constitution of the specific circumstances of robbery, the author of the article to be crime-related case specifically addressed. Given that there are more controversial crime in theory and in practice, so that this paper is written based on the theory of criminal law, using the reality of jurisprudence as a reference, and trying to solve the specific issues of judicial practice, in an attempt to solve specific problems as the target, after the robbery-related issues discussed. The text is divided into four parts:Section one, overview of the crime of the robbery after events. Starting from the definition and characteristics of robbery, discussing the necessity of including the robbery after events into law, which pave the way for the following expansion.Section two, the conditions for the establishment of the robbery after events. This part also at the core of this article, the author of the crime prerequisite subjective and objective conditions of the five aspects discussed in detail, pointing out the dispute between theorists, turn their views to be clarified. My opinion is that the previous behavior of the perpetrator is not a necessary condition to constitute robbery; The subject of crime is not included the person whose age is between,4 and 16; In the part of the objective conditions, the author emphasizes the extent and scope issue from "on the spot" and "the use of violence or threats of violence".Section three, this section discusses the understanding of two types of special crimes, "lethal weapons" and the mob "vandalism", and analyzes the identification and applies of their specific contents.Section four, the legislative defects and its perfection of the robbery after Events. The author analyzes the provisions of the criminal law is not strict enough between the offense and the relevant judicial interpretation. I puts forwards some appropriate recommendations, with a view to benefit the development of the criminal law theory and the conviction and sentencing in judicial practice.
Keywords/Search Tags:Robbery after Events, Robbery, Applicable Condition, Suggestion
PDF Full Text Request
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