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Study on the Uncommitted Form of Robbery

Author: WangQiang
Tutor: ZhouDongPing
School: Xiamen University
Course: Legal
Keywords: Uncommitted robbery Development standard Regional standard
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 149
Quote: 0
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Abstract

This article first narrates the basic theory of uncommitted robbery .The basic theory of uncommitted robbery is theories about uncompleted robbery. In this section, the paper that examined the concept and the features of uncompleted robbery, also talking about the base of its punishment, and at the same time the difference between the uncommitted robbery and preparation of robbery, the suspension of robbery are mentioned. Then the writer points out the significance of this paper.The second part discusses the main focus of the uncommitted robbery. The research focus of uncommitted robbery has two. The first focus is the problem of "Start" in a crime. "Start" is the turning point of preparation of robbery to uncommitted robbery, is the act of robbery were introduced in criminal acts. But the academic studies on the "Start" issues, there are different opinions in its concept and identify how to carry out. The second focus is the standards of how to distinguish completed robbery and the uncommitted robbery, academic circles also have a variety of perspectives. But with the promulgation of the Supreme People’s Court "Some advices about hearing on the robbery, snatch Criminal cases" in June 8, 2005 ,it put forward a new standard, which is based on the theory of crime object, it consider worse than flesh wound of people to be completed robbery. The dispute seems to stop, but the rationality of the judicial interpretation itself or what kind of value it can made in practice, is still worth of thinking.Through the first two parts of the study and research, the author makes a new understanding of standards of how to see the cognizance of a robbery is completed or not. In my opinion, that there are the two standards. The first standard is the standard of the distinct stage of development of robbery: it refers to the development of uncommitted robbery from its occurred to its ending; uncommitted robbery can only happened in this stage. The standard of this stage, relates to "Start" and "Failed" two issues, I believe that the crime itself is a subjective and the objective unity, which is the crime of intentional criminal acts of unity. As a result, to checkup the "start" of a crime, the crime should be started on the subjective intent of the crime has been transformed into an objective at a time when criminal acts. How to checkup "Failed", which means the perpetrator can not reach what he want, we should look into the purpose of the perpetrator, it refers to subjective standard. So we should use a crime aimed at the content of the results appear as a standard. That the uncommitted robbery of the second standard is the regional standard, mainly for robbery in China is divided into ordinary robbery, aggravated robbery and transform robbery three types. Regional standards means there are different standards in checking the uncommitted form of the three types, so we should make a repartition at the three types to identify the uncommitted form of robbery. I think that the judicial interpretation in 2005 can be competent for this.

Study on the Uncommitted Form of Robbery

Abstract

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