Study On The Nature Of Snatch Behavior

The provision of snatching with lethal weapons of Chinese Criminal Law has been provided since1997, dues to the conflict between the theory and practice, caused widespread concern in legal circle and developed into a hotspot. This study is to concept the word"lethal weapons"and"carrying", reflects the judicial interpretation of the year 2000 and"carrying with lethal weapons". In view of this, the author relies mainly on the actual case based on the perspective of practice, studies the provision"snatching with lethal weapons", then get some ideas and format this article.This article cites a case from judicial practice, leads to the problem in the form of case studies. Clears the focus in the case and relates issues involved, learns, analyzes and studies this problems with own legal knowledge, especially the second paragraph of the Criminal Law 267 provision, and decides to how to differ the means of the two words of"snatching with lethal weapons"and the robbery.This article is divided into six parts, Part I is the case presentation and the idea of analyzing the problem, Hu and Yang case is a typical case the author has selected, then, the author gives a simple description of the case, puts forward the idea of solving the case.Part II and Part III parts point out that the focus and controversy. The disputes and differences of the case are mainly in the qualitative of Hu and Yang's behavior. The behavior of Yang and Hu snatching with lethal weapons should to be constituted the crime of ordinary snatch or characterized as a robbery in judicial practice is a big controversial and is a hot topic for discussion,has been unable to reach a consensus .The author puts forward his views on this question,tries his best to resolve the disputes and differences. This is the author's original intention to choose the title.Part IV is to construct the problem of Hu and Yang case, points out that China's current criminal law lacks of regulations, points out the problem in judicial practice, then, constructs the problem of Hu and Yang case.Part V is that the author analyzes the case in accordance with relevant legal, this part is ?the larger share of this article, is the most important one. The author points out clearly that the provision 267 of Criminal Law is a legal fiction,at the same time ,the author also makes a difference with the attention provisions, and puts forward his own reasons,gives a clear meaning of lethal weapons, and briefly defines it. Secondly, discusses how to understand the word"cayying"; finally, lists several exceptions of lethal weapons.Part VI is the study conclusion of this article. In this part, the author defines the case, makes his views on this disputes and differences. And point out that if you want to accurate the characterization on the acts of snatching with lethal weapon, you have to combine this with the relevant provisions and spirit of the Criminal Procedure.