Research On The Robbery After Events

The robbery after events is a robbery cases of multiple, China's criminal law theory and judicial practice to conduct in-depth study of this, focus on the past, particularly with regard to the conditions after the robbery and. the transformation reached a basic consensus on the premise that the use of "the theory of criminality" instead of "the theory of imputation". However, with the judicial practice in the emerging fresh cases of the "the theory of criminality"has raised new questions about:Namely, the adoption of a "the theory of criminality" on the basis of how to define its scope, namely the special theft, fraud, rob it can also be set up after the crime of robbery? The previous theory of criminal law does no give sufficient attention to this issue, little mature and systematic view of. In the past made sure that this theory of criminal law theory, negative views on the, also propose a concrete analysis of specific theft, fraud, crime and general snatch theft, fraud, rob competing views on the relationship between the crime. But this article by combing the above-mentioned point of view, that the theory has been open to question, can not simply be recognition or denial. It is based on actual position of the Penal Code interpretation, combined to explore the real implication after the robbery, benefits of property law makes a violation of the special nature of theft, fraud, rob can set up the crime of robbery after the point of view, and on the count of all the listed. Principle of legality in the context of the ambitious, the point of view is more in line with the requirements of the principle of clear, also beneficial to establish a pluralistic concept of crime.Later, as the purpose of committing robbery, translated into the subjective condition of the dual point of view, this negative attitude towards, that "non-possession for the purpose of"just after the robbery and theft, fraud, rob elements of the former act unwritten elements, reflects the behavior of their former property law violations of the nature of benefits, the former behavior and short-term use of deception, theft and other acts of the critical distinction between subjective factors. For the subsequent transformation of the objective conditions of robbery with violence, the threat level and object, as well as on the spot and so on, although the theory of criminal law point of view a lot, but in the judicial determination was a lot of controversy. In this paper, sort out the relevant point of view, adhering to pass that point of view combined with actual cases, Immersive to carry out in-depth discussion.On the commission of a crime as an accomplice in an important component of the system, has often led to great concern to scholars, however, an accomplice after the robbery problem, criminal law theory is concerned that the less. However, after the robbery from theft, fraud, rob the former behavior and violence, the latter constitutes a threat, the actors just before the act or after the act, their accomplices, identified a number of difficult problems faced. And because an accomplice within and outside the commission of a crime on the system and system of difference, Leading to an accomplice in a unified discussion of the issue is difficult under the context, the same question after the robbery, accomplice to face such a dilemma. This section is based on China's criminal law expressly provided, as well as on the theory of an accomplice of the pass, said, learn, absorb an accomplice theory of extraterritorial, an accomplice in the robbery later divided into four parts, that is no obligation to those who can and has the responsibility to those who can "common when the robbery"; the middle third person involved in violence, threatening behavior; the middle third of violence, threatening behavior, but the former knowledge of the perpetrator; joint implementation acts such as theft, but only one person committed the violence, threatening behavior. In each part of the use of case studies under way within and outside an accomplice theory analysis, than suitable for our optimization solution, in order for the judicial practice, identification of an accomplice after the robbery and helpful.