| The discrimination of minor robbery behavior found at present in judicial practice have great differences, due to several violent usurpation of crime elements of similarity. The Supreme People’s court in January 200623 issued< on Several Issues concerning the specific application of law in the trial of criminal cases of minors explanation> Article 7, Article 8 is for minors forced rope wealth behavior properties to be defined, although the force of cable property plot minor crime, but on the plot slight identified standards and declined to specific provisions, and based on the particularity of minors to the purpose of the act, to the minor minor robbery behaviors identified differences have become increasingly prominent. In this article, the article launches the discussion of the criminal law applicable to minor robbery of minor. The full text is divided into four parts:The first part is to ask questions, raise the minor minor robbery the plight of the behavior of the application of criminal law, never the particularity of the minor crime, criminal policy, as well as the Supreme People’s court in January 200623 issued< on the specific application of law in the trial of criminal cases of minors if stem the problem of the interpretation of the> analysis. Through the case found minor robbery in judicial practice in the application of the law difficult, mainly minor robbery crime and non crime cognizance, there is a slight robbery behavior of this crime and other crime cognizance of differences.The second part is the minor robbery acts of crime and non crime, first of all, through the case and the case analysis that the minor minor robbery criminal behavior qualitative differences of practice, and behavior of the nature of the Supreme People’s Court on Several Issues concerning the specific application of law in the trial of criminal cases of minors explain> in the provisions of the interpretation of "mild violence, " forced to ask for the number of small property ", the identification standard of harmful results be a concrete analysis of inquiry, and from the base on the legislative spirit of< on the trial of criminal cases of minors specific method is applied to the law problems of interpretation> Article 7 evaluates.Standard interpretation of minors between three minor can be compared to the definition of the third part is slightly robbery crime and other crime. The judicial practice in the case found that minors violent usurpation of cases, similar behavior has been identified as different charges, generally identified differences between the crime of robbery, affray crime, the crime of extortion crime, because the three crimes are violent usurpation of crime, the constitutive requirements of overlap, so will cause the judicial practice of juvenile violence usurpation of behavior cognizance of the differences. The< on the trial of criminal cases of specific application of law in some problems> eighth article analysis, accurately grasp the affray crime conviction The quasi, near and carries on the criminal policy and enters the crime to grasp the reflection.The fourth part is the discussion of minors crime of transformed robbery. The current code and judicial interpretation for transforming type robbery crime provisions are not many, in the academic discussion is more intense, which is particularly prominent hot is about 14 to 16 years of age minors crime of transformed robbery identified problems, what is to constitute a crime and transformation, or behavior can be changed behavior? This is worth exploring in depth, the transformation type robbery crime perfect proposed some suggestions, hope can become the bait not cognizance of juvenile crime. |
