Reasoning On The Abortive Form And Criterion Of Quasi-Robbery

Criminal law article 296 of quasi-robbery is the manifestation of the principle of balance between crime and punishment, in order to solve the problem of convicted and punished, considering constitutive elements of crime form is different from the provisions of article 263 bud substantially similar or close to,which has certain rationality and should be. But due to the complexity of its nature-legal fiction, and the high degree of probability of criminal law, there has no exhaustive detail issues related to the specific provisions, which made it was difficult to make the conclusion on of the existence of abortive form and its division standard in theory and practice. The paper, based on the current Chinese criminal law and legal framework,focusing on the preliminary study, referencing domestic and foreign theory research results concerning article 296 reasonably, through reviewing, screening, processing, strengthen support for this argument, with a view that be helpful to determine the existence and criterion of article 269 in the theoretical study and judicial practice.In addition to the introduction and conclusion, there are four parts in this paper:The first part: an overview of quasi-robbery. First of all, define the meaning of the 269- "convict and punish in accordance with the ", through the correlation analysis and emphasizes the importance of accurate definition of the concept. Then from the definition of article 296,analyze the current academic mainstream view synthetically, pointing out inappropriateness of the definitions. Subsequently, the meaning of quasi robbery crime angle to the crown, and the law 269 th of the quasi property to be evidence, certainly appropriate quasi robbery definition, research on effective to avoid the unreasonable definition of other concepts brought by theoretical research. Analysis of the stifling of quasi robbery crime constitute characteristics, summarized to have double the criminal object, the objective aspect of subjective relevance.The continuity, necessity of an overall comprehensive evaluation demonstrates the leading behavior and subsequent behavior; qualitative law the subject of crime reflects its social harmfulness should be less than ordinary robbery, side Surface prove abortive form should exist. It is pointed out that on quasi robbery attempt of crime law "vacancy" and theoretical research is inconclusive, resulting in litigation practice in judgment of embarrassment; and cite a simple example, and gives a negative attempted morphology under the operation of judicial practice of penalty biased, emphasizing the quasi abortive robbery.The second part: academic point of view about the existence of abortive form of quasi-robbery and author's reviews. Firstly, the summary of scholars' views about the existence of quasi-robbery reveals their cognitive from affirmation and negation viewpoints. Secondly, analyzing their supporting theory, overall analysis from the objective act of quasi-robbery, questioned the negation viewpoints supporting by behavioral offense or transforming crime, in order to strengthen the existence of abortive form of quasi-robbery by the contrary way; positive views are also inappropriate because of lacking of integrity and comprehensive consideration and analysis. Finally, putting forward the point of this article, the abortive form of quasi-robbery should be existing, which should be reasoned from its crime constitution and the homogeneity with the ordinary robbery crime, and determined the abortive criterion around the whole acts.The third part: reasoning on the existence of abortive form of quasi-robbery. Generally speaking, this part reasons the existence of quasi-robbery,from the crime constitution of quasi-robbery. Focusing on probing the starting point of the implementation act of quasi-robbery, investigating its objective aspect completing or not as soon as starting, thus the existence of quasi-robbery should be reasoned.The fourth part: the abortive criterion of quasi-robbery. Firstly, it focuses on attempted crime, clearing its general meaning and specific to the quasi robbery. Secondly, in accordance with the meaning, determine the criterion of quasi robbery crime, combined with the quasi robbery degree of infringement of the personal rights and property rights. Among them, what is more critical is that negating the possible completion of the the first act exclude the theoretical obstacles, through analyzing the nature of getting property by first acts.