Research On Several Problems Of The "Violence" In The Crime Of Robbery

Robbery crime is a kind of typical and common criminal crime，and the numberof cases also occupied a certain proportion in all criminal cases，thus the crime ofrobbery is a hot spot of research in the field of criminal charges.In recent years，thecrime of robbery in some region and some time showing a momentum of frequentprone，means of crime appeared diversified、information and high-tech features，criminal motivation has strong sporadic.Especially， robbery violence greatlyenhanced， made the robbery crime violence to has increasingly seriousconsequences，and caused serious harm to the social order，posed a serious threat tothe safety of people’s life and property，and put more challenges and requirements tothe construction of rule of law.Strengthening the fight against the crime of robbery，becomes an important task of the judicial work.In the current framework of China’scriminal law，the provisions for the crime of robbery are clear，but lack of directregulations for some hot、difficult problems in the judicial practice.Among theseproblems，the connotation、scope of time and space、object、level and etc，of the“violence” in the crime of robbery have quite representative.And these problems，often make the function and effect of influencing and deciding to identify crime andnon-crime、this crime and other crime、one crime and several crimes、sentencing andpunishment and etc，in the judicial practice，are key points of robbery conviction andsentencing，and important circumstances and problems that must be ascertained bythe judicial personnel for handling robbery cases，and also difficult and focal points inthe judicial practice.This thesis around these problems，combined with the currentnational criminal legislation and achievements of criminal law theory research andthe judicial practice，conducted targeted research.First，analyzed the interpretation ofthe meaning of violence in the sense of comprehensive analysis of semantics，criminology and criminal law synthetically，then seek the connotation of the violencein the field of criminal law，and made a definition，put forward the viewpoint of thatthe concept of the violence in general and specific provisions of criminal law were consistent on their connotation，they were different only in extension.Violence in thecriminal law was a kind of means of crime，the perpetrator use violence for thepurpose of violation or inhibiting the victim’s behavior，the violence for a specificobject of crime，the external manifestations of violence were evident，and inherentwas strong，as the violence itself belonged to the active and was illegal.Defined andexpounded the concept and features of the violence in the crime of robbery based onabove views.Deemed that，the “violence” of robbery was the narrowest sense ofviolence，and with the characteristics of reality physical force、singleness of purpose、double object and the ductility of the time-space range and etc.Second，on the scopeof the object of the “violence” in the crime of robbery，deemed that it was includingpersons and things，and there were certain limits to the both，neither infinitereduction，also can not be unlimited expansion.The “person” should include“persons who are direct holders of public or private property of the people，have theright to dispose of public or private property of the people，auxiliary possession ofpublic or private property，the specific persons who have close contact with thepeople actual control public or private property in the field，and other persons whoassist the possession and management of public or private property”，and all of thesepersons are in the field.Then put forward the viewpoint of that the scope of the objectshould include specific types of public or private property，meanwhile，analyzed andexplained concrete types of public or private property.Again，on the level of“violence” in the crime of robbery，this thesis in favor of the view of that the“violence” in the crime of robbery needs to achieve a certain level，anddemonstrated the necessity of “violence” level limits.Aimed at the problem of howto determine the level of “violence”，put forward the viewpoint of that should passon the objective that the refinement and interpreted to determine.Then discussed theupper limit and the lower limit of the level of “violence” respectively.Deemed that，the upper limit of the level of“violence”could include intentional homicide，a morereasonable lower limit of the level of violence was that——Enough to quelled therevolt of the victim，but did not require indeed quelled the revolt of the victim，did notrequest had the nature of safety hazard.Finally，discussed the scope of time and spaceof the “violence” in the crime of robbery，and put forward the viewpoint of that the “violence” in the crime of robbery had space-time，also was a concept of temporaland spatial field，and the scope was with a certain amount of ductility.And pointed outthat，the ductility was relative，not absolute，and there should be a certain limit，not“unlimited extension”.