| Robbery,as one of "Robbery,grabbing and theft",is an occurred frequently crime in criminal cases and an abomination to citizens over the years.At the same time,it infringes upon the rights of citizens.This kind of crime is the focus of judicial practice.In order to effectively grasp the crime and apply laws and regulations properly,the author took the robbery cases acted by Chen and others as the example,after analyzing carefully and indicating the case in detail,the author distinguished the major conflicts in this case,which could be treated as a breakthrough point to analyze thoroughly the constitutive requirements of robbery and fraud crime,robbery and snatch crime to distinguish the boundaries of the different crimes.This paper could be divided into three parts.The first part provided the brief introduction of the case and the major conflicts.The basic information of the case is described concisely,and then the major conflicts proved by the analysis of the case is come up with.The second part is the analyze and discussion of this crime.For weather the behavior which Chen obtained the mobile phones twice is robbery crime,though analyzing the elements of robbery crime and snatch crime combined with the facts and evidences of the case,the author concluded that both of Chen's acquisition actions of mobile phones is robbery crime.For whether Niu's behavior is an accomplice to the first Chen's robbery of phone,according to joint criminal determination(criminal law)and the facts of the case,Niu and Chen are considered to realize the first robbery of phone together.Considering his little influence on the robbery,he was treated as the accessory criminal of robbery.The third part is suggestions.The author puts forward some confusing issues in judicial activities,such as the methods of determining of the degree of robbery violence and the defining criteria of joint offenders and offenders,so as to make it easier to operate in judicial practice. |
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