A Study On The Crime Of Forcible Seizure

Crime of forcible seizure occurs very frequently. There are regulations about crime of forcible seizure in the early slave society. Crime of forcible seizure was formally established in the Ming and Qing Dynasty.Aimed at the characteristic of danger and frequency of this crime, in order to correctly apply the regulations of this crime in our country's Criminal Law, Supreme People's Court issued correlated judicial interpretation to interpret those concepts such as big amount and serious circumstance, which are not clearly regulated in the Criminal Law.The ownership of public and private properties is the objective essentials of this crime. The right of the person could be the object of this crime under some conditions. The object of the crime of forcible seizure must be valuable goods. The delinquency of the actor is not with force. Big amount is the demarcation line of crime and noncrime, but not the only one of it. The subject of this crime is general object.The judicial determination of the crime of forcible seizure includes the determination of bearing dangerous weapon, driving vehicle, willful act after emergency action taken to avoid danger, act of causing death, the standard of the attempt and accomplished of this crime.To refound the standard of the amount of this crime is the most important thing to perfect this legislation of the crime of forcible seizure. The Criminal law of our country only prescribes that big amount constitutes the crime of forcible seizure. This method has the defect of ultra vires, indefintability etc. We must revise regulations of to the crime of forcible seizure supplement those defects.