Li Moumou's Robbery Case Study

In view of the wording of the criminal law,the academic community has been disputing whether such ACTS as theft in conversion type robbery need to constitute a crime.Although the trans-formative robbery applicable to rob law,but in regardless of trans-formative robbery under the premise of its own particularity,embedded machine to use the specific provisions of robbery can produce certain theoretical and practical problems.For example,whether mild violence translates into robbery,or whether the relatively small conversion of social harmfulness is of course the legal aggravation of robbery.The settlement of the above problems is directly related to the conviction and sentencing of the accused,and has great practical value.On January 6,2016,the supreme people's court issued on the applicable law in trying criminal cases of robbing "guidance on some issues,including the transformation of trans formative robbery violence determination and type of aggravated robbery plot made rules in principle,this study brings new perspectives to us.This paper is an opportunity to study the important problems of transitional robbery in combination with actual cases.The paper is divided into four parts.First of all,with the actual case summary as the starting point for this case in cognizance in the process of trans formative robbery four dispute focus,namely former behavior nature determination,violence,failed is sure,aggravating the plot,as will be discussed later in this article.Secondly,the theoretical basis and legal provisions of the existence of transitional robbery are briefly sorted out,which provides theoretical preparation for the post-essay discussion.Again,in the case of the disputed points one by one,this paper made clear the specific nature of before the theft behavior,define the level of violence and violent places,to determine the transitional attempted robbery and contribute to the plot of the specific form suitable for system design.In the end,the author makes an extended reflection on the inverse defense in the conversion type robbery through this case and clarifies the basic conditions for the actor to carry out the reverse defense.