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Robbery Aggravating Circumstances Of A Number Of Issues

Posted on:2008-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:X W MaFull Text:PDF
GTID:2206360215461014Subject:Law
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Robbery , as a serious social menace of multiple crimes ,has more dangerous to citizens'personal and property rights . as such crimes are rather complicated ,more new problems arise in the practice of justice ,and therefore ,the aggravating circumstances of robbery and related issues has been one focus of debate in theory circles .In this paper, the author proceed with five respects,separately , went on analysising and researching to the problems of intruding into the other people's residence to rob","robbing on public transport","robbing many times or robbing number enormously","robbery resulting in serious injury or death"four aggravate plot and robbery plot agglavate abortive shapethat make .etc, and had pexplained the personal on the issuse that.a little .The first part is"intruding into the other people's residence to rob". First of all ,the author defined the range of "residence" in robbery in respects such as essential characteristic and legislative original idea ,etc,from literal meaning .Secondly, analyzied the illegal in purose of "register one's residence",and thought the composition of "intruding into the other people's residence to rob" must be as the prerequisite with actor's there was the one that robbed before entering the residence on purposing and purpose.Finally, the author carried on researching to "the restriction of the place where the violence or coerce behavior take place",and thought the behavior take place as the requirement indoor's by means of violence, coerciny ,etc ,to assert and should rob to enter the residence.The second part is "robbing in public transport".In this part . Firstly, the author analyzied the concept in law of the public transport, and thought the "public transport"in robbery refers to the means of transportation available for particalar and majority. And then, disputed more odd problem explain the personal view to judicial practice separately. The third part is "robbing many times or robbing number enormously".The author described from two respects which asserting from"times" and "number".And then ,suggested:Ⅰ. "Robbing many times" should mean the behavior robbed many times in longer different time on the interval,including two kinds of situations that prompting in robbling many times and abortiving in robbing many times.Ⅱ.The standard of robbing number should be made by the legislature unifiedly.Ⅲ.Rob number should be asserted in order to property number that make actually.The fourth part is "robbery resulting in serious injury or death".The author analyzied and expounded two respects which includs the fact that robs the causality of behavior and "resulting in serious injury or death" and the range of "robbery resulting in serious injury or death". And then ,studied emphatically the problem of asserting the case of "robbery resulting in people's death"which are often met in practice.The fifth part is "robbery plot agglavate abortive shape".By having analyzied the characteristic of the attempted crime shape and to different views about "having abortibed shapes to aggravate the robbery crime" of educational circles ,the author suggested that other Tobbery' aggravations have abortive shapes excluding "robbing number enormously" .
Keywords/Search Tags:Robbery, Aggravation, Judicial identification, Abortive
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