A Number Of Difficult Problems. Robbery Study

Robbery is for the purpose of illegal possession of wealth, the depository on all the use of violence, coercion or other methods, the force behavior of public or private property will be away. China's criminal law and the relevant judicial explanation has made many of its regulations, but due to the reality of robbery extremely complexity and diversity, in the hearing of the cases that are often appear in the most difficult, confusion of aggravating circumstances is the accurate determination of the robbery, the transformation of the specific condition, special type conversion of robbery is aggravating circumstances accomplishment and failed. In the related theory of criminal law and under the guidance of combining the judicial practice, the author focuses on the existing in robbery of knotty problem analysis and research.Text is divided into four parts.First, the relative difficult problems of the aggravating circumstances of the robbery. This part is mainly discussed three problems, the determination of enters a robbery, on public transportation robbery and whether the intentional homicide including violence of robbery. The author thinks that the affirmance a of the enters a robbery, should consider the termination between door and robbery, and legal or illegal door enters, For on public transport robbery mainly analyses three aspects:the small taxi, unit interior large motor vehicles and aircraft. Also pointed out the robbery violence shall not include intentional homicide.Second, the relative difficult problems of carrying weapon transforms to robbery . This part is mainly analysis three problems: how to understand the meaning of weapon in the criminal law, the determination of " carry weapons and behavior " and analysis with lethal weapon transforms rob crime. Firstly, the author thinks that constitute criminal law in the sense of "weapon", must grasp the essence of weapon damage is used for other instruments, For "carry behavior", should accord with three elements: carrying with subjective intent, having clear understand with the behavior of the belongings, immediate dominationg the belongings. In the applicable law with lethal weapon transforms rob crime, the judicial interpretation on the problem analyses two circumstances.Third, the relative difficult problems of the transformation robbery. From two aspects of robbery, the author precondites to robbery whether it must reach the extent of crime and the special type of the larceny, crime of fraud, crime of forcible seizure can construct the transformed robbery. For the first problem, the author analyses the two different views in theoretical circles and then concludes the conversion that the precondition of the transformed robbery shall be subject to a large amount restriction. On the second problem, the author advocates that the special type of larceny, crime of fraud, crime of forcible seizure can construct the transformed robbery.Four, the relative difficult problems of completed state and attempted state of robbery. The part is mainly analysis to whether aggravated robbery exists unaccomplished state. According to the study of the unaccomplished state in theoretical circles, the author points out that aggravated offense by circumstances of robbery exist unaccomplished state, while the aggregated consequential offense does not exist unaccomplished state. Concrete analysis three circumstances, one is "the robbery cause serious injury or death" it belongs to aggregated consequential offense, and it does not exist unaccomplished state. The second is the huge amount of robbery, actor in the subjective to aim for a large amount of wealth, but to no avail ,due to the non-purpose reasons. On this circumstance,the actor shall constitute the unaccomplished offenence of robbery, the rest of the aggravating circumstances have no unaccomplished, and the standard of unaccomplished standard is the the same to the basic structure standard.In conclusion, the author studies the necessity of robbery reiterated on robbery knotty problem accurately and efficiently, and the judicial practice is an important subject of theoretical concern, and the main ideas of the text is summarized.