On The "multiple Robbery" In The Crime Of Robbery

The current criminal law of the 263 rd provisions of the crime of robbery, and its basic and aggravated offenders were provided, set the weight of the other statutory punishment. The legal penalty for the basic criminal offense is ten years and more than three years of fixed-term imprisonment, and a fine; aggravated criminal legal punishment for more than ten years imprisonment, life imprisonment or death, and a fine or confiscation of property. "Multiple robbery" is an aggravated punishment for the crime of robbery, the thesis will study the concrete problems in the theory and practice. First of all, starting from the practice, through the typical case leads to the "multiple robbery" of the judicial application of the discussion, and put forward the problems encountered in judicial practice. Secondly, finishing the founding of new China to 1997 criminal law introduced decades about robbery and repeated robbery "legislative documents, explore its legislative evolution, and analysis summary" repeatedly robbed "aggravated punishment according to, which leads to below for the discussion on the rationality. Again, focus on analysis of "multiple robbery" aggravated punishment in accordance with the existing questions, and then come to the strict interpretation of the basic position of the application of limited. Finally, back to practice, to discuss the "multiple robbery" identification and application of the specific issues in the way of treatment. The remaining part of the "repeated robbery" and "multiple acts" legislative model of the shortcomings, reiterated the "multiple robbery" identification and application of the basic position. Paper writing is divided into the following five parts:First, the dilemma of the judicial application of "multiple robbery". This part from a typical case of start, leads to interpretation and "repeatedly robbed" encountered in the judicial practice problems, including "repeatedly in the robbery" repeatedly "identified," repeated robbery "in a robbery can contain unaccomplished crime," repeated robbery "and strong with application of crime of affray, insist on type and definition," repeated robbery "identified in the application of a legally prescribed punishment for a specified crime adapts principle.Second, "the legislative history of robsmanytimes" and according to the aggravated punishment. This part according to collect finishing the founding of new China to the 1997 criminal law introduced this period about robbery and repeated robbery "legislative documents, to explore the legislative evolution of, and further analysis of the aggravated punishment according to. In 1979, article 150 th of the criminal law the crime of robbery, " serious " or " causing serious injury or death situation as aggravated offense of crime of robbery. In 1997, "criminal law" in Article 263 of old criminal law robbery crime in terms of correction, is clear about the robbery eight aggravating circumstances, in addition to retain the "robbery causing serious injury or death to a person" the provisions of, also increased the "repeatedly robbed" plot. According to the analysis of the collation of relevant literature and discuss, the author thinks, "repeated robbery" aggravated punishment basis can be summarized for the growth of subjective malignant serious, personal risk of ascension, social harmfulness, no theory of value tendency and economic litigation pursuit.Third, the basic position of the identification and application of "multiple robbery". This part combines the above to the aggravated punishment according to the analysis, from the actor's subjective malignant, personal risk, social harm and other aspects to increase according to the rationality of the evaluation, combined with the basis of justification of criminal penalty, retribution and objective punishment, behavior responsibility and behavior of human responsibility relationship, that of "multiple robbery" aggravated penalties. Most of the time did not fully consider the several factors in the specific case of fluctuation of, "one size fits all" approach is not appropriate, the aggravated according to rationality is questionable. Through the above conclusions, this leads to the discussion of the basic position of "multiple robbery". In view of the "repeated robbery" stern punishment and in the judicial application of improper expansion, the author thinks, adhere to the basic principle of suiting punishment to crime and take strict interpretation, the shrinkage limit applicable position, can be described as a reasonable choice.Fourth, the "concrete robsmanytimes" determination and application of "repeated robbery". This part discusses two aspects of the problem. On the one hand, "many" "time" cognizance. "Many" refers to the robbery of more than three times. For the "times", this paper argues that pluralism should be taken to the point of view, the purpose of strict interpretation, the shrinkage limit applicable position, combined with the time, place, subjective intention to commit a crime and other elements identified a comprehensive. Time, the need to measure the behavior of people between the robbery has a longer time interval, if there is a longer interval should be identified as the two robbery. Place to see, the same place, the requirements have a larger relative. Subjective meaning, the number of subjective intent is not necessarily determined by the number of times the number of robbery. Therefore, the time should be considered as the main factor, taking into account the location and the subjective elements, follow the strict grasp of time elements, the location elements and subjective elements to make relative, to ease the interpretation of the identification method. Second, the definition of related problems of robbery ". First of all, in addition to a robbery unaccomplished crime of robbery will be excluded from the "robsmanytimes", it is more reasonable, it can better adapt to carry out the principle of phase. Secondly, certain quasi of robbery crime of transformed robbery can set up a "robbed several times in a robbery, robbery and firearms, ammunition, explosives, hazardous substances crime is not necessary included in" repeatedly in the robbery. Finally, need from the crime constitute angle of four elements one by one is strong to take the difference between crime of affray crime and the robbery and forced, so as to correctly apply "repeatedly robbed" lay the foundation.Fifth,the postscript part. This part mainly from the legislative point of view, to "repeated robbery" and "repeated acts of legislation mode were evaluated pointed out the shortcomings, think it is necessary to the rules to be revised and improved or abolished. At the same time, it clarifies the basic principles and basic position of "multiple robbery" in the present legislation.