A Study On Seizing Behavior Of Criminal Law

The crime of seizing is the most common crime in our country. However, the regulations of the crime of seizing is brief in criminal law and its exposition is few, which lead to a hardly accurate qualification in dealing with practical cases. This thesis aims to make a detailed analysis of seizing behavior so as to favor an accurate determination of seizing behavior.The first chapter of this thesis is to discuss the Publicity of seizing behavior, "publicity" refers to its characteristic of being discovered by victims at the spot. The connotation of publicity of seizing behavior is different from that of public crime. For example, Crime of insulting another whose behavior requires the third party's acquaintance except for the behavior and the victim, while there is no requirements in the publicity of seizing behavior whose crime is established without the third party's acquaintance in the process of seizing. There exists differences between public seizing and secret stealing, but the thesis denies the criteria of discriminating the two behaviors by " public and secret", and considers the mentality of the behavior's action as the comparison. The two group words like'public'and "open",'at the spot" and'face to face' are also different. When identified the crime of seizing, there is no need to carry on the conduct in the open or face to face, but necessarily on the spot.The second chapter discusses the objective premise of seizing behavior is not seize all of a sudden without preparation but seize all of a sudden and leave the sufferer no time to resist.The latter refers to the victim's subjective state of being weary or the lack of objective prevention ability leading to a state of irresistance. The thesis figures out an analysis of certain situations of seize all of a sudden and leave the sufferer no time to resist, which implied the seizing behavior equals to the behavior of seizing properties while others have no time to resist.The third chapter exposes the difference of violence of snatch and robbery should be canceled, for there is no regulation of seizing behavior's lower limit, which leads to an intersection of violence degree between the two behaviors. The subject of seizing can be the victim himself or the properties. The purpose of violence of seizing is to make the properties out of the victim's control or to obtain the properties directly.The fourth chapter expounds the affirmation of a person carrying a lethal weapon seizes property, as for the affirmation of'carrying' and 'a lethal weapon', one should make a comprehensive analysis in the aspect of subjective and objective, and object to the crime of robbery as long as a person carrying a lethal weapon seizes property. We should propose to confirm the seizing crime in certain times according to principles of mutual unification of subjective and objective.