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Robbery locations on the aggravating circumstances

Author: JiangJunYing
Tutor: PanQin
School: China University of Political Science
Course: Criminal Law
Keywords: Robbery Location aggravating circumstances Burglary Robbery in the public transport Abortive Form
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 106
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Abstract

The robbery is a common multiple of the serious nature of the crime of assault and battery of profit and property rights, has always been the focus of China's criminal law to combat. In 1997, the revised Criminal Law has stepped up efforts to crack down on robbery, clearly the aggravating circumstance of robbery. One type of plot in this article called the place of aggravating circumstances, aggravated robbery occurred in the particular location of their penalty, including a house robbery and robbery in public transport. Countries from the will of the legislative house robbery and robbery as a place of aggravating circumstances and severe legal punishment for its provisions on public transport, the legislative intent to crack down on serious violations of citizens' personal and civic accommodation and public transport , the property rights of criminal acts. However, due to the judicial practice in the new situation, new problems, the theory of judicial sector and judicial practitioners of criminal law and its judicial interpretation differences arise in the understanding and application of relevant provisions of the applicable law is not a unified phenomenon, and impede the course of justice. This article from a combination of theory and practice point of view, the legislative robbery robbery applicable at the place aggravating circumstances do a more detailed analysis, several aspects of the concept of the current controversy, manifestations and attempted form discourse, and strive to make a few personal unique insight to the location of an accurate understanding of legislative intent of the aggravating circumstances, the use of criminal law to crack down on such crimes to be beneficial. The basic framework and main contents of the paper is as follows: the first part of Burglary discusses two issues in this part: One is the understanding of the concept of house robbery and identified; Burglary in certain circumstances dialectical analysis and interpretation. Other translational Burglary identification. The second part of the robbery on public transport This section describes the three questions: First, the author discussed the robbery on public transport \Understanding of public transport and public transport, \Secondly, it discusses the identification of public transport, theft, fraud, snatch transformation. The author from the age of criminal responsibility and the offender uses violence locations this two angles, respectively, are discussed. Finally, the controversial understanding and identified. These controversial issues include: whether to require public transport to the actual carrying more than \object to commit robbery is a \Abortive Form of third part sites aggravating circumstances discussed in this part of the author from three aspects, first form the concept of understanding from the attempted robbery and identified to start, the acts of the will \reasons \Secondly, the discussion of the robbery and to increase the plot attempted form of identification. Finally, it discusses the location aggravating circumstances attempted house robbery and attempted robbery on the public transport were analyzed.

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