A Study On The Determination Of The Crime Of Stealing Into The Crime Of Robbery In Judicial Practice

With the crime of property rights and interests increased year after year,China's criminal law on the crime of property crime also continued to maintain high pressure situation,especially in judicial practice,theft and robbery is often encountered legal issues.The two crimes alone are not really complicated crimes,but the criminal law in the theft and robbery on the basis of a legal fictitious "conversion robbery" crime,which makes the "theft" into "robbery Crime " of the " transformation " is particularly important.In China's judicial practice,the transformation of robbery crime because of its own particularity and complexity not only in the experts and scholars there is a lot of controversy,and in the process of judicial application,because the legal workers on the "transformation" conditions of different understanding and identified,individual differences are more and more obvious.This paper will take the case of "Zhang robbery" as an example,focusing on the commonness and difference of the case plot and the crime form.Based on the relevant legal provisions in the criminal law and the judicial interpretation of the supreme court,this paper compares the different understanding of the domestic and foreign criminal law theory and the point of view,from the typical case of the suspects who constitute the conversion of robbery crime and the "theft" into the "robbery" of the transformation of the cut forward,in-depth analysis of the study,combined with the author in the undergraduate and graduate studies,the relevant legal issues to sum up the summary,elaborate the views,and draw the corresponding conclusions,with a view to the academic and practical community on the focus of this controversy to provide help and reference.In this paper,"Zhang robbery" as an example,the first,introduced the basic case and the focus of controversy,mainly relying on the whole process of case trial to explain the facts of the case,and with the court hearing the case of the facts of the case analysis to analyze the case.The secondly,the author analyzes the controversial focus of the case,analyzes from the "stealing crime" and the transformation condition and the determination standard of the crime of the type of robbery,discusses the focus of the dispute in this case,and points out that in the case of "theft" The "crime","on the spot","the use of violence","the amount of large","accomplice","attempted and attempted" and other issues to study,and in order to more in-depth analysis of similar cases,part of the plot to a more complete solution to the possible problems of the dispute.Finally,the author puts forward the conclusion of the case,the author draws the conclusion from the legal analysis and puts forward the corresponding countermeasures and suggestions to the similar cases,so as to provide reference for the judges in the process of judicial reform.