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Judicial Determination Of Robbery

Posted on:2018-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2356330542484078Subject:Law
Abstract/Summary:PDF Full Text Request
Robbery is a crime that can not be bypassed when we study the specific offences of the criminal law.Compared with other crimes of infringing property,the crime of robbery infringes the interests of other people's property and the right of personal rights,so we say robbery is a serious crime.The rulers of the ancient and modern dynasties have long been put the crime of robbery as key crackdown,The criminal law of our country puts the robbery crime at the top of the crime of infringing property type also show its importance.In addition to the Criminal Code,there are a number of judicial interpretations has regulate the crime of robbery,and scholars have looked at the crime of robbery,the study of robbery in theory and practice has never stopped.But on the one hand,the provisions of robbery in our criminal law are far from specific,the law itself has the characteristic of Chinese characters ' special polysemy and vagueness,which leads to some doubtful points on the cognizance of the crime of robbery.On the other hand,in real life,robbery not only a multiple,common crime,but also has a variety of situations,the forms of crime are various,the method of the crime are strange.The complexity of robbery is not summed up by law and explanation,which is the reason why the problem of robbery is difficult and complicated.Therefore,we should continue to pay attention to the problem of identifying the crime of robbery.In order to solve the practical confusion of front-line law enforcement investigators,improve the efficiency of law enforcement cases,follow the principle of suiting punishment to criminal responsibility,and truly realize the justice of justice.To clarify the criteria of robbery and provide references for judicial practice.Based on the combination of theoretical research,empirical analysis and practical cases,this paper analyzes the real cases in judicial practice combined with the theory of criminal law theorists.By influencing the judgment of behavior in judicial practice,by summarizing,classifying and comparing,comparing the crime of robbery and its related crimes,on the basis of empirical data,the author analyzes the similarities and differences between them through the refinement of the factors of practice identification,and probes into the identification and discrimination methods of robbery crime and similar crimes related to crime.
Keywords/Search Tags:Robbery Crime, Constitution of crime, Sentencing Circumstances, Judicial Identification
PDF Full Text Request
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