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Study on the Nature of Snatch Behavior

Author: WeiZuo
Tutor: RenHaiTao
School: Southwest University of Political Science
Course: Legal
Keywords: Lethal weapon Carry With lethal weapons Legal fiction
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 35
Quote: 0
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Abstract

Since the provisions in the Criminal Law of China since 1997 with lethal weapons \The study defined concept from the theory of \In view of this, we are relying on a realistic case, based on the practice and study with lethal weapons, and thus get some insight into the formation of this article. By reference to the case of a judicial practice, leads to problems in the form of case studies. Clear and discussed the focus of controversy in the case and related issues involved with legal knowledge learned jurisprudence analysis, in particular the provisions of paragraph 2 of Article 267 of the Penal Code: \263 shall be convicted of robbery punishment \This paper is divided into six parts, the first part is a case statement and analysis of ideas, Humou, Yang Qiangduo the author selected a typical case, a simple description of the case; then, it is proposed to analyze and solve this the idea of ??the case. The second and third part is pointed out that the focus of this case and controversy and disagreement. Controversy in the case, and the differences are mainly in the qualitative behavior with lethal weapons of Humou, Yang, on, Humou, Yang carry weapon snatch conduct constitutes ordinary snatch sin or characterized as a robbery, this judicial practice The qualitative behavior of the highly controversial and is a forum for discussion of hot issues, have been unable to reach a consensus. The author has put forward their point of view, trying to resolve the disputes and differences, is the author choose the title of the original intention. The fourth part is build with lethal weapons, pointed out that the criminal law this requirements and lack of further pointed out that the existing problems in China's judicial practice, then Construction on the the Humou, Yang Qiangduo issue. The fifth part is to analyze this in accordance with the relevant legal principles, this part of the occupied space, is the focus of this article. I clear that the provisions of paragraph 2 of Article 267 of the Penal Code is a legal fiction, as well as attention to provisions make a distinction and put forward their own views; clear the meaning of the \term last enumerated several exceptions with lethal weapons. Part VI is conclusions. Qualitative this part of the author of the present case, to put forward their own views for controversy and disagreement, and pointed out that the relevant provisions of the Code of Criminal Procedure and spirit must be combined with lethal weapons behavior accurately qualitative.

Study on the Nature of Snatch Behavior

Abstract

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