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Study on the Violence and Coercion Means in Robbery

Author: HuangChangTai
Tutor: ChenLi
School: Xiamen University
Course: Legal
Keywords: violence and coercion on the spot limit
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 455
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Abstract

The decisions do not unify in justice on the violence and coercion act with the purpose of illegal possession, which may be robbery, extortion, or kidnapping with asking for the property. The article mainly discusses on the violence and coercion means in robbery on the base of studying robbery and combining the true cases, which viewing from the angle of distinguishing among robbery, extortion and kidnapping with asking for the property.Chapter one is to discuss on the meaning of the violence and coercion act. Since the violence and coercion act is the means behavior of robbery, it must infringe the personal rights. The content of violence includes hit and compulsion. The object of violence includes property owner, property custodian or property holder, not including the thing. The content of coercion is to take violence on the spot. The object of coercion act and violence act as content of coercion includes property owner, property custodian or property holder. The violence and coercion act must be fierce enough to inhibit the victims’s resistance, which is determined by the nature of robbery. Otherwise, it can be only the means of extortion. The theory of objectivism is the standard to judge the degree of the violence and coercion act. There must be inner link between the violence and coercion act and the robbing act.Chapter two is to discuss on the meaning of on the spot and its significance on conviction. On the spot is the limit to time and space of the violence and coercion act. It can extense when and where the violence and coercion act lasts. To constitute robbery, not only the violence and coercion act and robbing act must be on the spot and aim to the same person, but also the violence and coercion act must be fierce enough to inhibit the victims’s resistance. In kidnapping with asking for the property, it also exsits the violence and coercion act on the spot and the extorting and robbing act on the spot .Comparing with robbery, the essential character of kidnapping with asking for the property is extorting the property from the third party with the hostage.Chapter three sums up the theoretic standards to distinguishing among robbery, extortion and kidnapping with asking for the property, which concentrate on the object, degree and limit to time and space of the violence and coercion act. It also applies the standards to analyze the true cases comprehensively, which can help us understanding the significance of the violence and coercion act in distinguishing among robbery, extortion, and kidnapping with asking for the property in practice.The conclusion is that robbery, extortion and kidnapping with asking for the property all include the act which takes the violence and coercion means on the spot and robes the property on the spot .The main point to distinguish is the object and degree of the violence and coercion act.

Study on the Violence and Coercion Means in Robbery

Abstract

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