An Analysis On Mr.Huang's Robbery Behavior

Robbery has always been an indispensable crime in our study of property crime.Compared with other crimes of infringing property,robbery not only infringes on the property rights of others,but also poses a greater danger to personal safety.It not only frequently commits crimes in daily life,but also appears more and more complex forms of crimes with the development of economy.Although the legislature is constantly improving legislation and the supreme judicial organ constantly comes out with new judicial interpretations,there are still many disputes.This article takes an analysis of Mr Huang' s robbery as the research object,which is divided into three parts.The first part mainly introduces the basic facts of the case.Through the analysis of the first and second trial decisions,two controversial focuses of the case are drawn.On the one hand,whether the defendant Mr Huang has the purpose of illegal possession,and on the other hand,whether the case belongs to the civil disputes arising from the claim of debt.The other parts of the article are analyzed according to the focus of the dispute,and finally come to their own thinking.Firstly,on the basis of the controversial focus,the article draws an overview of the "purpose of illegal possession" and related theories,analyses the cases according to relevant theories,and at the same time leads to the difficult problems of the "purpose of illegal possession" in practice.Secondly,according to the facts of the cases identified,the criminal law possession and civil law possession are distinguished,so as to analyze whether the case should belong to the civil law or need criminal law punishment.Finally,according to the above analysis,the author's suggestions are drawn.