Research On The Criminal Nature Of Action To Rob The Joint Property Of Husband And Wife

The special relationship between the actors and the victims and the special properties with matrimonial property as a common lead to wide differences of opinion about the nature of action to rob the joint property of husband and wife in the practice. Accordingly, this paper with Wang et al robbery case as the object of study, focus on the acts to rob the joint property of husband and wife in the process of legal qualitative to produce a variety of legal disputes focus.from the robbery the components of the sin to the legal analysis on this case, it is concluded that the case constitutes the crime of rob actor conclusion. Meanwhile, it questions the rationality of judicial interpretation about the nature of acts to rob the joint property of husband and wife in the legislation of our country. The main contents included the following five parts:The first part——The basic situation of the case. This part introduces the basic situation of the case, differences of opinion and the main focus of controversy from four aspects. It includes following content:(一) Cause of action. The case about that Wang robs the joint property of husband and wife;(二) The case-basic introduction. This paper briefly introduces the case about that Wang robs the joint property of husband and wife;(三) Differences of opinion. This paper briefly introduces different opinions of both parties and the court about this case in the trial;(四) The main focus of controversy. The action of Wang to rob the joint property of husband and wife is a crime and constitute the problem of what sin.The second part——Combined with the legal analysis. The main content of this part from robbery crime discuss the components of the analysis, the research object of this crime. Author analyses this from three administrative aspects:(1)The main object violated of robbery crime;(2) Property right violated of robbery crime;(3)The nature of the joint property of husband and wife. In the analysis, the author concluded that object violated of robbery crime not only includes the ownership, but also includes the right of possession. In addition, the author specifically discuss for the nature of the joint property of husband and wife in order to lay the groundwork for the following analysis of the nature of action of Wang about that he robs the joint property of husband and wife.The third part——Research conclusion. Author, starting from the case about that Wang robs the joint property of husband and wife, analyses controversial elements and explains the action of Wang qualitatively based on theoretical analysis above aimming at the focus of controversy In this case. The study concluded that action of Wang constitutes the crime of robbery.The fourth part——-Research revelation. Author, starting from the problems related to the case, questions the handling of judicial interpretation about the nature of robbery to occur among members of a family in the legislation of our country. And then, it is concluded that relevant judicial explanation is not reasonable conclusion. And on this basis, this paper puts forward the influence the special relationship between family members exerts upon criminal behavior own views.The fifth part——Epilogue. The comb this paper writing thoughts and puts forward the shortcomings.