Study On The Crime Of Seizing

In recent years, the crime of forcible seizure tends to increase in our country . The provisions concerning this crime, however, are too simple in "Criminal Law of the People' s Republic of China" . As a growing number of dangerous means emerge such as seizing by galloping motorcycles, the "Criminal Law" lags behind obviously and the provisions of this crime itself must be improved. The reasonability of establishing a separate crime for forcible seizure is analyzed and how to better the punishment fitting crime in our country is studied in this paper.In Anglo-American legal system, the robbery is to steal forcibly and its occurrence is based on the larceny. In civil law system, however, robbery is a separate crime. Because larceny by stealthily means is deeply rooted in our country, it is unsuitable to establish the forcible seizure as the larceny, so it is necessary to establish forcible seizure as a separate crime. The main issues of forcible seizure in legislation are the provisions concerning relative large amount and with lethal weapons. In terms of objective elements, whether the victim' s unawareness and public act should be required for forcible seizure and the understanding about this should be cleared, the current judicial interpretation is somewhere unclear. For these issues above, the forcible seizure is redefined in this paper: whoever, for the purpose of illegal possession, taking advantage of a person ' s unawareness, publicly seizes public or private property without harming the person, or seizes public or private property many times. "Whoever commits the crime with lethal weapons shall be convicted and punished in accordance with the provisions of Article 263 of this Law" is changed to "Whoever commits the crime by dangerous means shall be convicted and punished in accordance with the provisions of Article 263 of this Law" . The conviction and penalty measurement under different death-causing circumstance are one-by-one analyzed.