Research On Judicial Application Of The Crime Of Seizure

The crime of seizure was not defined in the Criminal Law of 1979,so the action of seizure is convicted a criminal by the application of analogy. However, the new Criminal Law makes clear the principle of crime conviction according to law, and stipulates in explicit terms the crime of seizure, which makes up the inadequacy of the legislation of property crime in the former Criminal Law. At present, the theory circle approaches much on the subject of the crime of seizure, but as emphasis is laid on a certain aspect, the approaching is incomplete and unsystematic. This thesis paper will have a systematic and overall discussion on four parts: the object of the crime of seizure, the illegal seizure, the resistance to return, and the relevant problems. In the first part, the characteristics, the types, and the relevant objects of the crime of seizure will be discussed. In the second part, emphasis will be laid on the discussion of the prerequisite, the definition, the characteristics, the pattern, and the subjective purpose. In the third part, the definition, the prerequisite, the pattern, and the time of the resistance to return will be mainly discussed. In the fourth part, three aspects will be discussed: whether the state of accomplished and the state of unaccomplished exists in the crime of seizure, the accomplice crime, and the ending of procedural rights.This thesis paper delves further into the subject of the crime of seizure on the basis of analyzing and commenting the viewpoints of other people. With substantial and complete material, this thesis paper is well-organized and will original ideas of its own, for instance of its specific character, pre-possession character, and tangible character. The characteristics of the illegal seizure are discussed from three aspects: not changing the actual possession state of the object, the self-allocation, control and arrangement under this state, and the happening of the action of possession without the comprehension of the possessor. Moreover, in this thesis paper, the resistance to return is discussed dividing the subject into two aspects: resistance and not return. As for the time of the resistance to return, this paper presents the viewpoints of its own while analyzing the ideas of other people. Apart from that, this paper voices out that the state of unaccomplished does not exist in the crime of seizure based on the idea that the resistance to return is the essential condition of the crime of seizure. The crime of seizure, as a private prosecution case when accepted with complete information, the procedural rights of its litigant is very important in the research of this crime. In the last part of this thesis paper, the ending of procedural rights is discussed to probe into the circumstances and significance of the ending of procedural rights.With the written of this thesis paper, the crime of seizure is cognized in a complete and clear way, which serves as a certain reference for the judicial application.