Nature Determination Of The Act Of Cheating For Prostitution Money And Robbery Causing Serious Injury Or Death

The property crimes have been on the rise since 1981,according to the crime data released by Annals of Chinese Law.One kind of high frequency crime herein is the crime of robbery,among which such abominable behaviors as robbery of housebreaking and robbery causing serious injury or death frequently occur.These two abominable behaviors are the statutory aggravated circumstances of robbery crime which the statutory sentence is up to the fixed-term imprisonment of not less than 10 years.Due to the huge gap between the statutory sentences,it is necessary to strictly difficult solve such difficult problems in judicial practice as the distinction between robbery of housebreaking and indoor robbery,the causal relationship of robbery causing serious injury or death,and the scope of “people”,in order to avoid the defendant saddled with excessive punishment simply because of deviation when identifying.On the case of robbery by Chen,this paper describes certain related problems of robbery,and it is mainly divided into four parts,including the basic introduction of the case,the analysis of the relevant legal issues,the analysis and conclusion of the case,and the research revelation of the case.Chapter one is the basic introduction of the case.There are four different points of view on the nature of Chen's behavior: the first point of view holds that it constitutes robbery of housebreaking which leads to serious injury or death;the second point of view holds that Chen's criminal offences should be found guilty of housebreaking robbery causing death against Yang,intentional injury against Fang and consequently be sentenced cumulative punishment;the third point of view is that Chen's criminal offences should be found guilty of robbery causing death against Yang,robbery causing serious injury against Fang,and ultimately be punished as crime of robbery;the fourth point of view holds that Chen's criminal offences should be found guilty of robbery against both Yang and Fang.Through the analysis,the author finds that the focuses of this paper are whether the behavior of Chen constitutes housebreaking robbery causing death and whether the concerning behaviors constitute one or several crimes.Chapter two is the analysis of relevant legal issues.First of all,in order to solve the problem of housebreaking robbery,this article analyzes the legal nature of “household” and illegality of the purpose for entering the “household”.As to the legal nature of “household”,it shall comply with both the site and function characteristics hereof;and as to the illegality ofentering the household,this article analyzes from the angle of the illegality of purpose for entering the “household” and maintains that the act of entering household shall possess the purpose of committing crime against property or personal rights;Secondly,this article introduces and analyzes the divergent opinions of the illegal property(interest and benefit)in the field of criminal law,select a more reasonable explanation as the theoretical basis of illegal property(interest and benefit)becoming the object of robbery crime,and classify the payment for whoring through the comparative analysis of different cases,considering that only after the delivery of payment for whoring can the crime of robbery come into being.Thirdly,this article discusses the issue of causation,including the objective condition and subjective psychological attitude of the deaths caused by housebreaking robbery,a causal relationship between the objective and subjective aspects,the influence on the identification of death when many factors have involved in.Then,Through the analysis of the scope of“people”,this article is considered that aggregated consequential offense shall be applied for arrestors who are not the victim of robbery.The last is in regard to the nature of the violent attack towards the masses assisting to capture in the course of fleeing the scene after robbery.Through the analysis of theories,it shall be directly considered as the aggregated consequential of the preceding crime of robbery and no need for extra evaluation.Chapter three is the conclusion of this case.According to the analysis in the second part,it is concluded that Chen's conduct fails to constitute the crime of housebreaking robbery;and it constitutes crime of robbery causing serious injury and death,without cumulative punishment;and refusing to delivery of payment of whoring should not be included in the amount of robbery.Chapter four is concerning the inspiration of this study,which is the sublimation of this article.Although the latest judicial interpretation concerning the criminal cases of robbery in2016 has a guiding role in the relevant complicated cases,it is still insufficiently comprehensive in the face of Chen's case and the similar ones.Therefore,it is necessary to make a further improvement of the existing judicial interpretations.In addition,the application of aggregated consequential offense should be strictly limited so as to reach the standard of principle of suiting punishment to crime.