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Some Problems of Robbery

Author: CaiXiaoQiang
Tutor: LaiXiuGui
School: China University of Political Science
Course: Criminal Law
Keywords: Robbery Act of violence Stress behavior Transformative robbery Aggravating circumstances
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 347
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Abstract

Robbery is a crime which is common in judicial practice, the judicial authorities in our country battle against robbery with a heavy hand.But in judicial practice,because there is no consensus in judicial cognizance of robbery,many disputes was produced.This kind of situation is a obstacle to affirm and punish the criminal suspect of robbery. According to the criminal law theory,and combined with a large number of the the real examples,I try to discuss some common problems of robbery in jucicial practice.This article is divided into three parts:Part One: I analyzed the concept and structure of robbery.In this part,I try to define the concept and structure of robbery by some real examples.Part Two: Combined with some specific cases, I discussed some common difficult issues of the robbery identified.I mainly elaborate the cognizance of conversion type of robbery, the aggravating circumstances of robbery and the stop form of roberry.First,how to affirm the transformative robbery has been a controversial hotspot in the theory and the judicial practice.I mainly relate and analyze by dicussing the preconditions, objective conditions and subjective conditions of transformative robbery.Meanwhile, I also dicuss the whether the person who has reached the age of fourteen but not the age of 16 could constitute a transformative robbery.Second,I dicuss the aggravating circumstances of robbery,I mainly analyzed the eight circumstances of the article 263 in criminal law. The three circumstances of robbery in house,robbery in public transport and gun robbery are expounded mainly.About the problem of the stop form of robbery,I dicuss the forms of accomplishment, attempted, preparation and suspended of robbery systematically.Part Three: I distinguish the difference of robbery and other crimes that infringed property rights.In judicial practice,as the various forms of robbery, plus the similarity between the crime constitution features,it is easy to confuse the difference of robbery, crime of forcible seizure, offence of extortion by blackmail, kidnapping and so on. In order to ascertain the robbery accurately and apply the punishmen accurately t, it is necessary for us to distinguish the confusion between robbery and other crime which is similar with robbery.In this part,I try to find a significant differentiator to identify different crime by analysing the significantly different between robbery and other easy mixed crimes, basiced on the structure of robbery.

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