The Qualitative Definition Of Roding A Motorcycle Taking Advantage Of Others' Unpreparedness

Snatch and theft is the crime has a long history of charges, under normal circumstances is not difficult to distinguish between the two, but the current domestic academic circles so as not to openly take the money the victim's injury means the qualitative behavior of different views. Theft of view in favor of setting the "secret theft" is not necessarily a means of theft, to promote "open theft", and that peaceful means to take money grab crime of violence does not meet the requirements. In favor of the view that given snatch ,theft is a crime as a necessary means to steal a secret, peaceful means can take the financial means to become the crime of plunder. In this paper, Peng by people do not ride a motorcycle case to go to others as a starting point, in a comparative analysis of domestic and foreign criminal law theory, based on in-depth system analysis to peaceful means to openly take the money of the nature of the act.This paper is divided into four parts.The first part introduces the basic facts of the case were described in the present case Peng by people do not ride a motorcycle to go the behavior of others point of view of qualitative differences. First, the introduction Peng constitutes theft of ideas and in accordance with, and secondly, introduce Peng constitutes the crime of snatch of view and under, re-introduce the case regardless of the crime of plunder, or theft are scheduled to meet the legal point of view and the specific reasons .The second part, a clear act to be clear on the basis of qualitative arguments, the focus of controversy for the first two specific analysis. First, to analyze the crime of theft and snatch the meaning of the Criminal Code, to discuss the nature of the case lay the normative basis for behavior. Secondly, on the one hand, the case with the perpetrator's behavior to explain the "secret theft," the concept of special meaning, that the act, consider themselves behavior is secret, and this secret in terms of relative victim. On the other hand, the case with the perpetrator's behavior to explain the "blatant win" the meaning of the so-called gross win is to take regardless of the victim can immediately find the means to seize property. Again, according to the crime of intentional theft and snatch the contents of the two separate, theft of people's mentality is to avoid being found in the property owner or custodian, obtain property in the snatch when the perpetrator does not care whether the property owner or custodian found. Peng regardless of the victim can get money immediately when found, the larger the amount of openly taking of property, in line to snatch the elements of the crime. The third part, further detailed analysis Peng take financial means. Motorcycle Parts for Peng demolition, lied to the security guard to hand over the body of articles and Pan possession from the phone, go motorcycle riding and other acts, expand the ultimate nature of the case analysis process come.Part IV, summarized the case's conclusion. As Peng of extortion and rob behavior is based on a criminal purpose (illegal possession Pan's motorcycle and mobile phone), a number of acts against the same legal interest (Pan for motorcycle and mobile phone ownership) and the infringement of rather, should not be handled by the number of crimes, committed under the principle of absorption, should Peng to snatch to the court, determined the amount of 1765 yuan (including motorcycles and mobile phones).