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Study on Transformed Robbery

Author: WeiChaoYang
Tutor: XuBiao
School: Anhui University
Course: Legal
Keywords: theTransforming Type of Robbery Crime Conditions Suggest
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 201
Quote: 0
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Abstract


The transforming type of robbery crime is that the suspect in the implementati on of theft and fraud, rob, for booty,resist arrest or coverup, uses violence on the spot or threat of violence, thus to be convicted and punished in accordance with the criminal case of robbery. The transforming type of robbery crime has a serious social harmfulness and complexity theory, there’re much dispute in Judicial practice and theoretical research field.Is the Transforming Type of Robbery Crime based on that the suspect had commit a larceny,a crime of fraud or a crime of forcible seizure? Had the theft, the fraud or the snatch been whether accomplished offense? How to understand the act of booty, resist arrest or ruin the evidence of a crime? How to understand the use of violence on the spot? How to understand the degree and object of the "violence"? How about the age of The transformation of the criminal responsibility of robbery subject? How to grasp the crime accomplishment? And how to recognize the joint offense? There’re so many questions that we should answer according to the theory of law and the judicial practice. In order to clarify the dispute on the transformation of the robbery,this article discuss about the above question in detail,and forward some specific ideas and improvement Suggestions. Firstly,the summary of the transforming type of robbery crime,give the brief introduction,the features and the legislative situationon of the summary of the transforming type of robbery crime. The criminal of the transforming type of robbery crime means that this crime has serious social harmfulness.The amphibianous,the overlapping charge and the transformation of this crime means that the transforming type of robbery crime is very complicated.By the brief introduction on the legislative situationon,we know that the transforming type of robbery crime had been regulated at all times and in all over the world. But because of the limited length.this article focus on the rules on present transformation of robbery.Base on the the fore-chapters.we discuss the the condition of the transforming type of robbery crime,and the determine on the transforming type of robbery crime step y step..Secondly,we discuss the condition of the transforming type of robbery crime, including the precondition.subjective condition, objective condition and subject condition.On the precondition, whether or not the previously behaviour had been the accomplished offense.the crime could be transformed to a robbery.On the subjective condition, analyze the connotation of booty, resist arrest and coverup. And put forward that how to deal the behavior out of the three purposes above.On the objective condition, analyzed emphatically how to understand "on the spot "and the "violence". The analysis about the "On the spot" point out the theory on the extend "on the spot", On the violence,we talk about the upper limit and lower limit,the object of the violence. At the last, point out the conditiuons not belong to the violence.On the subject condition, we emphasized that the subjec of the transforming type of robbery crime must have been 16 years old. That accords with a criminal offence, the legislative intent and protect the legal principle of judicial policy.At last, we talk about the determine on the transforming type of robbery crime,we go into the problems of the incompleted and the accomplished of the transforming type of robbery crime.In view of the object of transforming type of robbery crime is a complex object, which includes not only the property of public and private,but also the healthy, life reserving right of other people.So the divide standard on the incompleted and the accomplished is not only getting the property.but also coming about slight injury. About the joint offence of the transforming type of robbery crime,we try to discussing these issues on the basis of judicial practice,and point out what condition will be the joint offence,and what will be not.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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