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The Robbery Case of Pan Chenggang and Others-on the Application of Transformed Robbery

Author: LiYaQin
Tutor: YuShuYi
School: Lanzhou University
Course: Criminal Law
Keywords: Theft On the spot Violence Transformation Robbery Omission Transformed Robbery
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 115
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Abstract

Article 269 of China 's Criminal Law \Transformed Robbery is a special form of robbery , but due to the principle of legislative provisions comparison , general and criminal justice to explain the definition of the relevant issues is not clear , there is not unified and uncoordinated between the legislative and judicial , which led to the theoretical circles transformed robbery there is a certain controversy. In view of this, this paper some of the controversial issues involved in the Pan Chenggang , who transformed robbery cases and the legal profession theory combined analysis of the case . This introduction, body , conclusion of three parts : the introductory part transformed robbery in the legislative and judicial interpretation of the provisions are too principled , is not conducive to the judicial practice for the identification of such conversion type crime . Body part is Pan Chenggang et al robbery involved analysis of controversial issues , divided into three parts : The first part is the case after case to a review on the merits and trial have a general the overall understanding and grasp ; the second part is a discussion of the three contentious issues in the case . Is divided into three parts: ( a ) by Case combine theory and statute and judicial interpretation of Transformed Robbery previous behavior whether or not to constitute a crime to the established transformed crime problem analysis ; (b ) the main transformed Robbery the perpetrator used violence and threats of violence extent identified for the use of violence or the threat of violence on the spot time and space theory and legal analysis ; analysis ; ( c ) from common crime theories co-defendants in the case is not violence or the threat of violence is not how the behavior of qualitative analysis . The third part is the concluding part of proposed legislative changes or judicial interpretation be clear recommendations , the end of the full text of the relevant statute .

The Robbery Case of Pan Chenggang and Others-on the Application of Transformed Robbery

Abstract

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