A Study Of Crime Of Seizing

Criminal law is the best law that can protect legal property of citizen, which should exactly set the behavior of infringing legal property definite. Seizing crime is increasing in recent years. Because the behavior of seizing crime are more and more complicate, a lot of problems in theory and judicatory practice come into being. Based on the previous study , this article talks about the basic theory and the complex problems in judicatory practice comprehensively, with the clue of characteristics of objective behavior. This article includes four parts:To begin with, this article studies the legislation of the seizing crime, including the domestic history of the seizing crime.Secondly, this article studies the structure of seizing crime. The general understanding of the main body and subjectivity of seizing crime is unanimous, but there are various of understandings about objectivity and the committing object. This article gives an insight into the problems of objectivity, such as if seizing heedlessly, if seizing property in public and so on, how to distinguish seizing crime, larceny and robbery, and the committing object with the problems that if it is movable only, if it is tangible only etc.Thirdly, this article analyzes all kinds of situations in judicatory practice: Seizing with vehicles is in accordance with the structure of robbery in both subjectivity and objectivity; The treatment to the behavior of seizing that causes another injury and death depends on specific situations, and there is probability of deliberate crime; Seizing with lethal weapons is in line with the structure of seizing crime, so it is unreasonable to regard this act as robbery under the present criminal law; Seizing by means of pulling and dragging is not regarded as robbery without exception, which should be treated depending on different situations; Based on the study of criterion to accomplished offense in theory, this article agrees with the"lost control"one.At last, pointing against the flaws in legislation and judicial explanations about seizing crime, this article proposes the suggestion that how to perfect the provision about seizing crime, hoping that it works in judicatory practice.