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Transformational Robbery Research

Posted on:2017-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhangFull Text:PDF
GTID:2356330485495431Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Transformed robbery as a legal fiction crime, the crime situation is more complex, domestic and foreign criminal law theory on some of these issues has been controversial, in judicial practice although the judicial interpretation of the support, but in the face the situation is more complex, difficult cases still prone to disputes.The transforming type robbery crime this issue the paper adopted the method of theoretical analysis to the transformation type robbery crime theory and practice of the use of case analysis and discussion, this paper is aimed at transforming type robbery crime crime constitution, attempted crime, aggravated the situation and common crime problem, is divided into four parts. The first part, has been clear about the criteria of the first crime, first crime don't need constitute the essence of crime, as the two key elements of controversy in the objective conditions of "on the spot", "violent" discussion, explain the author carries on the analysis to the on the spot of the space-time reasonable continuous extension and standard of violence to the understanding, and subjective conditions in the qualification of the identified problems. The second part, combined with domestic analysis for the crime of the attempted situation point of view, certainly attempted said at the same time, the identification of an attempted crime put forward personal and property loss into consideration under the standard. The third part, the selection of the crime aggravating circumstances of aggregated consequential offense, as well as the plot of the aggravated made more representative of the family plot, in comparison with ordinary robbery put forward view and analyze. In the fourth part, the author makes a comparative analysis of the various forms of expression in the crime of complicity, and puts forward the author's opinions on the standards of conviction and punishment in the form of different forms of joint crime.
Keywords/Search Tags:Transformed robbery, constitution of a crime, criminal attempt, fellowship in crime, aggregated consequential offense
PDF Full Text Request
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