The Evaluation Of Zhang's,Wu's,Hu's Robbery

Robbery is a high incidence of cases,the judicial practice of this crime and the crime,the crime and the crime accurately distinguish is unable to bypass the problems in the process of trial,especially in recent years,frequent "routine is borrowed" the robbery and extortion behavior of criminal cases is blurred,violence and obtain property in space is not continuous,the traditional theory of "two" on the standard for robbery that provide plenty of legal argumentation,which often result in robbery become the difficulty of court cases.At the same time,the "routine loan" crime belongs to the joint crime,which often involves the determination of the intention of the joint crime and the establishment and separation of the relationship between the joint crime.In judicial practice,due to the level of legal theories and the difference in legal cognition of different legal persons,it is difficult to target and precisely strike the "routine loan" crime in judicial practice,and it may even lead to unjust,false and wrong cases with "different judgments of the same case",seriously damaging the judicial authority.The robbery cases of zhang,wu and hu analyzed in this paper are typical "routine loan" criminal cases.The trial of the case involves the distinction between robbery crime and racketeering crime,the determination of the intention of the joint crime,and the establishment and separation of the relationship between the joint crime.During the trial,the three defendants,based on their different understandings of the facts and the legal connotation of the case,respectively,pleaded for misdemeanour or even innocence for their own criminal acts of "routineloan".By repeatedly studying the legal facts of this case and the process of the trial,the author points out three controversial points,namely,whether the defendant zhang committed the crime of extortion or robbery,whether the defendant hu had the common intention to illegally rob Chen's property,and whether wu's failure to go to the ATM constituted the separation of the joint crime of robbery.The author tries to from the Angle of theory of law dispute each focus on deep analysis and puts forward the point of view,to the distinction between the crime of robbery and extortion standard,joint intent of robbery,robbery crime from the judgment of strict law certificate,which concluded that violate the robbery,the defendant zhang Hu Mou has robbed joint intent,Wu Mou not from joint crime from the conclusion of the robbery.