A Study On The Shape Of Attempted Robbery

Transformative robbery is also known as quasi robbery,robbery,is a legal fiction.According to the law of the People’s Republic of China criminal law\"the269 regulation,theft,fraud,rob sin,to conceal booty,resist arrest or coverup the use of violence or threat of violence on the spot,for robbery.The composition of transformative robbery although there are clear rules,but for a transformative robbery did not make clear a regulation,whether there is a criminal attempt refers to a form caused the confusion in judicial practice,sentencing standards lead to similar case is difficult to unity.Transformative robbery is a violation of personal rights,property rights crime,its by former behavior,such as theft,fraud,robbing and after the use of violence,by threat of violence behavior of two parts.The root of the transforming type of robbery difficulty lies in its is composed of two parts,so how to define the crime form than other crime is a complicated place.Translational crime due to the particularity of the crime constitution,for the criminal law belongs to the transformation of theorists have different understanding,the resulting attempted to the transformation of state decide how to dispute,mainly have four views.This paper is divided into four main parts,the first part expatiates the concrete case and judgment,that the conversion of different processing opinion attempted robbery case of disputes.The second part mainly introduces the current our country academic circles about the transformative attempted robbery if there is a dispute,the author through specific case put forward their own views and reasons.The third part further to translational attempted robbery in the form of different standards was reviewed and analyzed.The fourth part through to the doctrine of criminal behavior and punishment on the basis of theoretical analysis,that the author accepted transformative robbery with the rationality of the standard,and the final conclusion.