The Legal Research On Cracking Down On Forcibly Seizing Other People's Property By Driving A Vehicle

Seizing other people's property by driving a vehicle, happening in medium and large cities of China in recent years, is a common property-invaded crime with serious character, bad ways and negative influence. Majors reasons for it include a large number of unemployed people, the enticement of low risks comparing with high criminal lucre, comparatively less severe punishment and weak social prevention and control capability. Its criminal characteristics are dependency in the process of committing a crime, choice of victims, gang crimes, crimes on the run, professional crimes and timing abruptness of a crime. Since it is different from the traditional robbery crime in subjective ferocity and ways of behavior, it has become a key issue in China's public security and a difficulty in applying Criminal Law. Research on the legal solutions to forcibly seizing other people's property by driving a vehicle is urgent and significant.The Supreme People's Court has issued a series of judicial interpretation to prevent and crack down on it. However, the grass-roots law professionals have raised some existing problems on the law is suitable of and control and punishment on it, such as the regulation on the sum of property as the criminal measurement; the regulation on the definition of it as a robbery crime subjecting to severe punishment; the regulation on the deaths and severe injuries caused in the process of it; the Public Security organs'difficulties in cracking down on it.In response to the current situation that no effective punishment can be applied to some of the behavior of forcibly seizing other people's property by driving a vehicle and existing problems in cracking down on it, this paper puts forward the corresponding solutions in legislation and law enforcement, such as replacing the quantitative necessity with the behavioral necessity, adding"serious plot"—a full and standardized necessity, breaking down the forcibly seizing as robbery and crime of theft, revising the definition on deaths and injuries caused by it, so as to fundamentally prevent and crack down on forcibly seizing other people's property by driving a vehicle.