Study On The Issues Of Robbery Aggravation

Robbery is a compound criminal offense which invade not only the right of property ,but also the right of body of a citizen. Some as other countries in the world, China has treated Robbery as an important issue for research on criminal theory .The criminal law revised in 1997 made amendments to robbery, replacing mainly the general serious circumstances of Robbery in the version of 1979 with eight kinds of concrete circumstance. Because of different understandings of the related concepts, there still exist many different understandings about robbery in the academic and justice circle. Then, in November of 2000 and June of 2005, the Supreme People's Court provided detailed explanation to related problems with respect to the applicable law for robbery. However, the main problem of law enforcement was not settled thoroughly.Based on the concrete provisions, related judicial explanation for circumstances of heavier measurement of penalty for robbery in the revised criminal law, together with cases that were related to robbery, this paper summarizes and analyzes the existing problems from the angle of the law, sets forth the author's some judicial advice and legislative suggestions as well. It consists of two parts that is the introduction and the main body. The latter includes three chapters. Chapter one is identification of the condition of aggravation of penalty in offenses of robbery. The author elaborates on the eight conditions of aggravating penalty in offense of robbery, focusing on "indoor robbery", "robbery in public transportation vehicles", "committing robbery repeatedly or robbing a huge, sum of money", "causing serious injury or death to another person in the course of robbery" and "robbing with a gun". On Chapter two, the author divides aggravations into the felon of serious result and the felon of serious plot, discussing their accomplished and unaccomplished form separately. On chapter three, the author analyses aggravated form of transformational robbery crime and emphatically discusses the transferred form that "indoor robbery" , "robbery in public transportation vehicles", "impersonating a serviceman or policeman in robbing" and "robbing a bank or any other banking institution" cause.