Typical Cases and Legal Application (Criminal Category) 15--Robbery: Criminal Category

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-08-01
Features: "Examples support the law, not break it," the guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. (Supreme People's Court Gazette) Every issue carries cases approved by the Supreme People's Court or discussed by the Supreme People's Court Judicial Committee, requiring courts at all levels to refer to them in judicial work; since 2000, the Supreme People's Court has publicly released judgments and orders; the Supreme People's Court China Applied Law Research Institute has been editing and publishing (People's Court Case Selection) since 1995. After nearly a year of effort, we have launched this series of books. In the process of editing, we tried to make the series have the following distinct features:
1. Typical and Realistic Cases. Most of the selected cases belong to (Supreme People's Court Gazette), cases published by the Supreme People's Court and its business divisions through other forms, and each case is as typical as possible. For convenience of use, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept real. Cases involving minors, personal privacy, and other content have had some real names withheld.
2. Authoritative Analysis. In addition to (Supreme People's Court Gazette) cases and judgments and orders released by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, and Rules], [Interpretations of Judicial Interpretations], [Requests and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, the replies of the Supreme People's Court to lower courts' requests on legal application issues, judicial documents published by local courts, and research findings of various courts on handling certain types of cases are also unique features of this series of books.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types (causes of action) of civil, criminal, and administrative cases. The first batch of civil series has already been released with a total of 43 volumes, and now the second batch of criminal series is launched. It should be noted that some cases were rendered before relevant new laws were enacted, so there may be provisions of old laws in the judgments and analyses, but the legal issues involved are still important, so we have selectively included such cases, with the main purpose of analysis being the legal issues. In the "Legal Application" section, the new legal basis is listed. Readers are requested to pay attention when using it. During the editing process, many judges of the Supreme People's Court have given enthusiastic help and support, for which we express our sincere gratitude. We sincerely hope that this series of books can contribute to the accumulation, summary, and dissemination of judicial practice experience.