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The Case Analysis On The Behavior Of Stealing Vehicle Number Plate For Blackmailing

Posted on:2012-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhengFull Text:PDF
GTID:2166330335969800Subject:Law
Abstract/Summary:PDF Full Text Request
The current frequent happening behavior that lawless person steals owner's vehicle number plate for blackmailing, whether in real life or in the field of criminal law, arouses people's and legal experts' general attention. To such behavior, we often can see different judgments in judicial practice, some as larceny, some as the crime of stealing state authority certificate, and some as the crime of extortion, and in some cases, it even didn't be imposed penal sanctions, only replaced by《The People's Republic of China on administrative penalties for public security》. There are so different treatment results for the same kind of behavior, the situation that the different accusations apply to the same behavior, not only makes ordinary person puzzled, but also causes great divergence and debates in judicial practice and the field of theory.There are several aspects that the debates focus on:How to determine the nature of such behavior and how to convict? Can vehicle number plate become target of Theft? Whether vehicle number plate belongs to certificate of a state organ? Combining special cases, this paper will make shallow analysis on the related problems, it will emphatically introduce to all kinds of diverse views, and at the same time, put forward my own comprehension and position that these behavior should be convicted as the crime of extortion. I hope that this paper may make a contribution to the issue on clearing the quality and conviction of the behavior of stealing vehicle number plate for blackmailing.
Keywords/Search Tags:the behavior of stealing vehicle number plate for blackmailing, Larceny, The crime of stealing state authority certificate, The crime of extortion
PDF Full Text Request
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