Research Of Judicial Issues Of "Robbery Causing Serious Injury Or Death"

"Robbery causing serious injury or death" is most common in the judicial practice and hard to master,in order to hear this kind of crime correctly,we need to find out the actor's subjective sin,to understand the causal relationship between the behavior of the actor and the aggravated result,to identify the criminal form strictly.These points are the focus of judicial practice controversy and the key to handling such cases.The subjective transgression of "intentional + negligence" means the perpetration of the aggravated result is both direct and indirect,including negligence.This view is more consistent with the principles of criminal law and more consistent with the requirements of judicial practice,which is more conducive to the justice and fairness.The aggregative result must be due to robbery violence,or other means of behavior,that is to say,the aggravated offence of robbery require a direct causal relationship between behavior and the aggregative result.In practice,the circumstances of the cases are so complex,so the force of the results should be judged according to different factors of intervention to determine whether causality is interrupted.Robbery infringes on human rights and a property right,either one of the two has already violated one of the objects,the crime accomplishment."Robbery causing serious injury or death" is the result of a robbery accomplished crime,only a "serious injury" or "death" as a result,the crime set up,so there is no attempt.�Robbery causing serious injury or death" is heavy and applicable to the death penalty.On the basis of identify criminal facts in accordance with the principle of "criminals who have committed extremely serious" + "personal risk�,to think about the plot and the size of "personal danger�,and even social factors also give full consideration to the whole case.So when we applying the death penalty,we should identify criminal facts on the basis of the death penalty policy in our country,abide the death penalty standard strictly,combine with he plot of reduce,and grasp the death penalty accurately.