The Research On The Discontinuation Of Crime Of Robbery

Robbery is a complex crime.It infringes on both property rights and personal rights.Apart from the basic counts of robbery,the criminal law also defines aggravated offence by circumstances and transferred offence.The nature of robbery and the present state of the legal theory makes the application of the discontinuation of crime in criminal law on the crime of robbery become an extremely complex issue.This complexity is reflected both in the identification of discontinuation of robbery crime,but also is reflected on the application of discontinued crime punishment principles on the crime of robbery,leading to various judicial puzzle and theory controversies.This paper focuses on the following three parts:The first part is the definition of Discontinuation of Robbery Crime.For basic offense,it should be recognized that it has the possibility of establishing a discontinuation of crime,reflecting the principles of suiting punishment to crime.For circumstance aggravation crime and aggregated consequential offense,its aggravating circumstances are the basis of aggravating legal punishment,rather than crime accomplished criteria,and therefore,the possibility of discontinuance of crime should be recognized.For the transferred offence,it still belongs to the category of robbery,so the possibility of discontinuance of crime should also be recognized.The second part is the application of punishment principle on discontinued offense.The discontinuance of the basic offence of robbery,based on the punishment principle of punishment on discontinued offence possesses legitimacy.The “damage”,which decided to waive the penalty or to reduce the penalty,should be understood as any negative results except for the accomplished results under the judicial determination.The application of punishment principle on the discontinuance of aggravated or transferred robbery will produce significant misconduct on penalty.This situation reflects the problems relating to the punishment principle on discontinued offense.The third part discusses legislative issues from the perspective of robbery crime.The punishment on the discontinued offense is too broad and vague.Therefore the legislation should limit the punishment on discontinued offense to the discontinuance in the implementation stage.The discontinued offense punishment principles are too absolute,and the standards of punishment are too simple.The legislation shall establish a set of comprehensive punishment principles and give spaces to judicial discretion.In addition,the legislation should define the punishment principles on discontinuance of basic counts of robbery and discontinuance of aggravated robbery offence separately.