Study On The Nature Of The Act Of Gainning Property With Gentle And Undisguised Method

The disputation about the problem of the nature of the act of gainning property with gentle and undisguised method always exist in criminal theory circle. Defining the act of gainning property with gentle and undisguised method is the basis of determining it's nature. According to introduce and analyze the various kinds of standpoint, the nature of gainning property with gentle and undisguised method should be determined as theft.The act of gainning property with gentle and undisguised method include three parts,such as behavior method(gentle and undisguised),behavior content(gain) and behavior target(property). The"gentle"means no violence, it's core meaning is the act should not reach to the level of suppressing the others'revolt. The"undisguised"means the act should teach to the level of being discovered by the general victim. The"gain"means excluding the dominating relationship between other person and the property, establishing the new dominating relationship. The nature of the"gain"is illegal, and it's substance is possession. The"property"means the materials which belong to the other person have the portable and transitional nature, and didn't include the contraband.In criminal theory circle, the primary standpoints about the the nature of the act of gainning property with gentle and undisguised method are seizing, fraud and theft. The reasons which cause the disputation about the the nature of the act of gainning property with gentle and undisguised method are the summarize of criminal law, the limitation of the theory's illumination and the complexity of the case's fact.In order to determine the nature of act of gainning property with gentle and undisguised method accurately, we must clarify some theory probems, such as the seizing requires existing violence towards property; in the fraud, the victim handle his property means shifting the ownership, but not temporory control; the theft should not be limited in secret method, it's should include the undisguised method. The seizing and fraud all have defects, and should be nagatived. The theft is reasonable, and should be confirmed.