An Empirical Study Of The Recognized Standards About Robbery Violence Degree

Robbery is the most typical one in usurpation of crime,because robbery is the common type of crime impacting security and order of society,and violates two different civil rights: personal rights and property rights,so it has always been listed as key targets for ruler.However, so far books about robbery violence as a topic for research are very few,and the recognized standards of robbery violence degree have differences and difficulties in judicial practice.In order to serve the judicial practice and combat robbery effectively, by means of the combination of theory and practical cases,this paper deeply discusses the questions about the recognized standards of robbery violence degree, and puts forward his own views.This paper is based on the exploration of robbery violence theory of criminal theory and concludes that according to the agreement by the scholars at home, the robbery violence has reached the degree, to which the victims cannot resist. However, there is a remaining problem in judicial practice on how to identify whether the perpetrator’s behavior has reached the violence degree so as to inhibit the victim’s resistance.That is how to identify the situations when the victim cannot resist, and dares not resist or lacks consciousness of resistance.The author analyzes the real cases in judicial practice by combining the doctrines in the theoretical circle of criminal law and systematically combs theory discussion about the recognized standards of robbery violence degree in China’s criminal law. From the defined and explained concept and characteristics of the "violence" in the robbery,it should be the most narrow violence, and has the reality of physical force, the purpose of single and dual nature of the object and so on.On the point of recognized standards of violence degree, the author respectively introduces “subjective behavior ", " the relative said subjective " and " objective speaking” in criminal law theory and puts forward his own views.The author believes that it can not simply be determined directly from the "subjective aspect of behavior" or "relative person feel", and we should take consideration of the nature of the violence, as well as other factors such as the objective conditions of the victim,that is the violence degree in the robbery is required to reach "sufficient to inhibit victim resistance",but the violence degree is not in the abstract performance that the victim cannot resist, and dares not resist or lacks consciousness of resistance.Therefore,we must comprehensively analyze and judge violence degree on the basis of the substantial assessment and in combination with the nature of the violence itself or specific content and other factors,and point out the important theoretical and practical significance of recognized standards of robbery violence degree.Secondly, by summarising, classifying and comparing the factors affecting violence degree in judicial practice,it confirms "objectively speaking" theory, and explains and interprets datas.On the basis of the empirical data, through refining identified factors of practice and defining crime and non-crime and robbery and other crimes,further raises that the robbery violence degree must achieve "sufficient to inhibit the victim’s resistance".The essence of the victim cannot resist, and dares not resist or lacks consciousness of resistance lies in the urgent danger that the victim faces.According to the empirical case,the author analyzes the limit of robbery violence degree and compares controversy and theories about the lower limit of robbery violence degree.He concludes that the reasonable of various theories,and puts forward his own views about the lower limit of robbery violence degree. At the end of the article, according to the above, the autuor suggests the recognized standards of robbery violence degree from the perspective of the objective factors and dangerous urgency.