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Research On The Special Crime Object Of Robbery

Posted on:2017-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LinFull Text:PDF
GTID:2296330485956120Subject:Law
Abstract/Summary:PDF Full Text Request
Accurately defining the crime object of robbery has a significant meaning to recognizing the establishment of robbery or not. This paper will analyze“IOU”, “pledge”and “stock”that frequently appear but controversial on judicial practice. And demonstrate about whether they can become the crime object of robbery. In this article, the author not only uses traditional analytical methods but also dig into new directions. The author hope the new analytical directions the author presented in this paper can lead the judicial practice to find a new direction for defining the crime object of robbery.In this article, the author quote three different real case samples for analysis,put forward the focus of controversy, analyze the unique of each case.By the case of “Mao Yulin et al robbery”,define some problems that related issues of robbing IOU.This part put forward two focus of controversy. The one is whether IOU can become the crime object of robbery. The another one is how to evaluate the behavior of robbing IOU.By analyzing “ Property nature of the IOU”, “The differences between IOU and interest of property ”and“The influence of destroy IOU to legal interest of property crime”draw author final conclusions. The research conclusions are as follows.IOU can not become the crime object of robbery;The behavior of robbing IOU is punishable and the behavior of people should be subject to administrative penalties for public security.By the case of “Li Yan et al robbery”, define some problem related issues of robbing pledge, put forward two focus of controversy. The one is whether pledge can become the object of the crime of robbery. The another one is how to calculate the amount of robbing pledge.By analyzing “The relationship between the pledge and the right of pledge”, “The correlation theory of interest of property crime”,“The differences between pledge and general body ”and“The right of pledge enjoyed by citizens by civil law”draw author final conclusions. The research conclusions are as follows.Pledge can not become the crime object of robbery; The amount of crime should be the value of claim.By the case of “Zhang Chun et al robbery”,define some problem related issues of robbing stock,put forward two focus of controversy. The one is whether stock can become the crime object of robbery. The another one is how to evaluate the behavior of Zhang Chun et al. By analyzing “ Property nature of the stock”, “The differences between stock and interest of property ”and“The difference way between stock changes and changes in general property ”draw author final conclusions. The research conclusions are as follows.Stock can not become the crime object of robbery; The behavior of detaining a person and forcing others to transfer their stock shuould be divide into two part to identification. The behavior of detention of a person violated the crime of illegal detention, forcing others to transfer their stock should be adjustment in the field of civil law.
Keywords/Search Tags:robbery, object of crime, pledge, stock
PDF Full Text Request
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