| The act of soliciting gambling debts and gambling money by force means that the perpetrator forcibly demands the gambling debts he wins or the gambling money he loses through the use of force,coercion or other means.The gambling debts and gambling money belong to specific property.There are the following difficulties in the understanding and judicial practice of the violent demand for this particular property: first,whether gambling debts and gambling money can be the object of violent demand for money;second,what kind of crime constitutes the act of violent gambling on debt gambling;third,If the actor can solve the above problem,he can better define the gambling debt by force in the judicial practice,and can define the gambling with gambling debt by force better in the judicial practice,if he can solve the problem mentioned above,he can better define the definition of the gambling debt and the purpose of illegal possession.The behavior of capital makes it more consistent with the purpose of criminal law and social justice.This paper is a case analysis of master’s degree thesis,the author mainly from the following three aspects.The first part is a case introduction,according to the evidence of the case and the conviction opinions of the two sides summarized the two controversial focus of the case,respectively,the perpetrator of this case should be recognized as the crime of unlawful detention or robbery;And how the perpetrator of the case sentencing.The second part is the application of law and case analysis.The author discusses the above two controversies from theory and case fact respectively,and concludes that the crime of robbery is the conclusion of this case.The third part of this paper is the case of thinking and recommendations,And put forward the author’s own understanding and view. |