Qualitative Analysis Of Posing As Police Robbing Behavior Of Gamblers

In this paper, Zheng Moumou, Wang, Yang Moumou, Wang Ermou made a practice fraud case as an example, posing as police officers Gamblers robbing conduct qualitative issues were discussed, hoping to provide a little help for the judicial practice.The main content of the article describes three parts, namely: the first part of the case to a simple statement, organize, refine the focus of the dispute case. The main differences between the Public Prosecution is generated in the identification process is identified as robbery, extortion,or set practice fraud. Zheng Moumou and others posing as police violence in the course of robbing the implementation of coercive acts for information on how the property should be identified and how qualitative case.Part of the second case assessment, this part is the most important part of this article. Analysis of Zheng Moumou et al in robbing "violence,coercion behavior cognizance, elaborate Zheng Moumou posing as police officers to obtain property behavior as well as the victim of Zheng Moumou posing as police behavior whether knowingly. The behavior of Zheng Moumou constitute the crime of extortion or to constitute the crime of cheating and bluffing or constitute the crime of robbery is expounded, through to the crime of comparative analysis in posing as police officers, behavior does not constitute a crime of extortion, because by means of behavior is not to threaten, blackmail behavior. Furthermore,behavior does not constitute a crime of robbery, because of the low level of violence reflected herein, since in such cases, the perpetrator often use tricks or ways to make fake violence, but this behavior is its integral part,this time the term "violence" is not it should be classified to the violence in the robbery.the author thinks that we should constitute the crime ofswindle and bluff, because object against violations of the surname Zheng et al with the object of the crime of cheating and bluffing coincide, and they are in cheat illegal interests by impersonating a police officer's identity, the constitutive elements of crime of swindle and bluff and consistent.Part III Reflections recommendations.After Zheng Moumou posing as policegamblers robbing behavior analysis, ultimately found for the crime of cheating and bluffing. According to this article, the author thinks that similarcases for identification should note the following situations:First, the provisions should accurately grasp the "Supreme Court opinion on the trial of robbery, snatch criminal case law applicable to a number of issues" in Article IX, the actor posing as police identity "gamblers" in the process, there is no resort to violence or threats of violence at this time should be a comprehensive analysis of the extent of violence demonstrated by the perpetrators as well as the purpose of the crime.Second, it should be an accurate analysis of the victim at the time when the psychological disposition of property.Combined with the specific case,the case has a relatively reasonable conclusion, in order to provide a little help to the judicial practice of such cases.