On Self-reliant Action To Retrieve Property

Self-reliant action to retrieve property is that one believes that he or she has the right to retrieve his property held by another person by means of fraud , blackmail , stealing , robbing or some other illegal measures . The essay presents the prerequisite , the person who has the right, actions taken and the state of mind , and points out that the essence of the action is a kind of self-reliant retrieval of one's ownproperty . It is a contraversial issue that such an action constituttes property crime or not. The essay puts forword threearguments-- constitutive elements oï¿¡ crime , criminal policy and the code of human conduct , in favaour of that the retrieving action lacks constitutive elements of crime , and thus could not be treated as prroperty crime according to the deferential criminal punishment policy and chinese customs . However , when the measures taken are apparently beyond necessity and do unbearble physical harm to the person concerned , the measures should be regulated by Civil Law or Criminal Law accordingly.