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The Analysis of Legislation and Application of Robbery

Author: ZhangWei
Tutor: GaoJiShun
School: Suzhou University
Course: Legal
Keywords: crime of robbery transformed robbery aggravating circumstances
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 72
Quote: 1
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Abstract


Robbery is provided by the 263 item in China’s criminal law. However, because of the inherent abstraction of legislation, its concept and formation can’t be revealed. Meanwhile, it’s difficult for the judicial organizations to identify robbery correctly and distinguish between robbery, looting, blackmail and kidnap. This essay will further do research on this issue, combining related theories and cases to clarify my opinions. Transformed robbery is provided by the 269 item in China’s criminal law. Robbery, which is set by the law, differs from typical robbery in the formation of crime and its applied condition, and that’s what people argue about. This easy will do research on the crime of transformed robbery in terms of its precondition, body condition, objective condition and subjective condition. Besides, it will put forward my opinions about whether timber trespass, pilferage of radio and television facility, pilferage, looting military materials, contract fraud, and financial fraud can be transformed. Our law provides some aggravated plots such as burglary and so on, but it seems a little ambiguous. Some aggravated plots are overlooked, and some embodied social hazards don’t correspond to serious legal penalty. So I’ll analyze and clarify them in this easy. At last, this essay also puts forward some perfect suggestions about robbery of criminal law .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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