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On The Suspended State Of Quasi Robbery

Posted on:2018-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:G C ZhouFull Text:PDF
GTID:2346330536974535Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This paper embarks from the judicial dilemma faced by real cases,and discussed in details the forms of criterias about stop quasi robbery based on the criminal law of 269.This paper has four parts.The first one comes up with a variety of stop forms of "quasi robbery" should be existed,and the second is about the determination of the "quasi robbery crime preparation.The third discusses the discontinuation of a crime.The last one is about the standards of the criminal.The first part puts forward to a variety of stop forms of "quasi robbery" that shou ld be existed.Actually,there are many contradictions between the theory of conversio n and 269.It is unreasonable to analyze the existence of "post-mortem robbery" from the point of view of semantic logic.Therefore,for article 269,neither can be summari zed as a conversion robbery nor is it an afterthought.However,the concept of "quasirobbery" is the most relevant to the 269.The "quasi-robbery" embodies the essence of the 269 legal system.At the mean while,the author demonstrates that there is a possi bility of a variety of disconformation for would-be looters based on the basic principl e of the existence of the law man's intuitions and criminal stops.In the second part,the author introduces the debate about the existence or absence of criminal readiness of would-be robberies.This article affirmed the existence of quasi robbery crime preparation,as well as to determine some cases of robbery crime preparation has carried on the induction summary of standards,to meet all the following conditions can determine the accurate amount of robbery crime preparation: first,the actor is the preparation of the instruments or the creation of the conditions of time starting point should be the first behavior in the process of the implementation of or after the stop condition;Second,the actor's preparation tools or manufacturing conditions should be intended to begin the following ACTS of violence or violence;Third,the act of committing violence or violent coercion shall be the purpose of the act of hiding stolen goods,resisting arrest,or destroying the crime in accordance with the law;Fourth,the actor fails to initiate violence or violent coercion because of reasons other than his will.In order to make the theoretical analysis more intuitive,I gave an example.The third part of the article discusses the criteria for the suspension of the crime of quasi-robbery.The discussion steps are similar to the second.The difference lies in the fact that there are more cases of criminal discontinuation of would-be looters,and there is no single case argument in this article.Criteria for determining the suspension of criminal offenses include time and space standards,automaticity standards and effectiveness standards.In the fourth part,I discussed the criteria for the attempted crime of quasi-robbery.The discussion steps are similar to the second and third parts.The difference is that the author according to the nature of legal fiction,quasi robbery of quasi robbery in the subsequent violence or coercion behavior is "occupy" the goal of behavior first person property classification for "possession" quasi robbery and "no-possession" quasi robbery,on the basis of the classification of the author respectively discusses two types of criteria to judge the attempted crime of robbery.For "possession" of quasi robbery cases,should be the combination double standards of ordinary robbery to determine the accurate accomplished or attempted crime,the crime of robbery case and not occupy class "quasi robbery cases are attempted shall belong to the crime of robbery.
Keywords/Search Tags:Quasi-Robbery Crime, Preparatory Form, Pausing Form, Abortive Form
PDF Full Text Request
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