On The Case Of Liang Xianbin And Others Robbery

Robbery is a common serious crime since ancient.Objectively speaking,it is considered as the robbery infringes on the property and personal interests of others.In the subjective aspect,robbery is considered that the perpetrators have the purpose of illegal possession.However,due to the diversity of social life,the rigidity and hysteresis of the legal system,evaluating and measuring robbery crime is of difficulty especially in the cross-field of civil and criminal law.Thus,misunderstanding and opposite cognition occurs between the prosecutors,victims,perpetrators,defenders and courts.Therefore,it is necessary to clarify the jurisprudence,optimize the relevant principles of judgment to increase the credibility and enforcement of the judgment.Through the theory review at home and abroad,the case analysis of Liang Xianbin and others’ in Guilin,and of several relevant case judgements in Guilin(Guangxi Zhuang Autonomous Region),Zhuhai(Guangdong Province)and Changsha(Hunan Province),this paper analyses the subjective and objective constitution of the robbery,the status identification of property possession in civil and criminal,the determination of the perpetrator ’s subjective purpose,and the distinction of similar crimes with the purpose of a comprehensive and persuasive evaluation.By contrastive analysis of typical cases,this paper provides a refle ction of civil and criminal intersections’ managing principle,the relationship and limitation between private remedy and crime,and methods to evaluate and deal with the illegal way of retrieving one’s own property possessed by others,so as to provide reference for the future handling of such cases.