An Analysis On Conviction Of The Theft Of Detonator And Requesting The Of Bounty RMB 10,0000

With the development and progress of social economy, the substance of people more and more richer, the property crime becomes more and more grievous which does great harm to the state and civil property right. Crime forms and means emerge one after another incessantly, disguise the old as the new. In judicial practice, some criminals driven by egoism are willing to take risks in order to possess and take others' property illegally using one or more than one crime form, such as pilferage, fraud, extortion, embezzlement and so on. Those crime forms intertwined together which bring great difficulties to ascertain the crime nature of the actor.In this article, the author briefly describes the divergent opinion of the case the author ran into during his internship. Combining the theories of status crime and the concepts and differences of the crime forms of theft explosion sin, extortion and the fraud etc, the author analyzes the behavior of Wang who stole the detonator and extorted one hundred thousand RMB. The author hopes to offer references to help to have a scientific understanding of the constitutions of the fraud and extortion by means of analyzing this case.This paper divided into five parts has more than sixteen thousand seven hundred words.Part One: The introduction of the case. This part has given a sketch of the whole story of this case.Part Two: The central point and analysis of this case. This part briefly describes the different opinions, which aims to point out the crime nature of Wang who stole the detonators and demanded 100 thousand RMB in reward. The focuses of this crime nature center on identifications and boundaries between crime and non-crime, fraud and extortion.Part Three: the qualitative analysis of stealing detonator. In accordance with the order of the crime, this section starts from components of the crime of theft explosion sin to conduct qualitative analysis on the behavior of stealing detonators.Part Four: The qualitative analysis of the case of the offender stealing detonators and then demanding 100 thousand in reward. This part is the main part of this article. This piece is subdivided into 3 sections. First, the crime motivation of the actor comes from suffered organization posting a reward to the public. The actor carried out criminal behaviors in order to get the reward. These behaviors has a certain extent social damage, which is beyond the field of the civil law, so it is necessary to do some criminal evaluation of the act to identify what sin the criminal behavior belongs to. After analyzing the contents and characters of the reward advertisement, it shows that the actor doesn't have the right to possess the rewards. Under this circumstance, the behavior of the actor belongs to own possession illegally. Second, the actor conceals the real source of the detonators and purchase loot, but due to the actor has shown the detonator to the victims which makes the victims avoid falling into misunderstandings of punishment of property, it does not constitute a crime of fraud. Third, the actor continues to strengthen psychological effect on the victims and make threats so as to make the victims fear. Consequently, the victims are forced to promise to hand out their properties. The case is accordance with the regulation in our Criminal Law on the property of the crime of fraud, but the actor hasn't obtained the properties because of various factors independent of personal will, the crime of extortion is not accomplished.After analyzing this case, the author holds that the behavior of Wang doesn't belong to illegal civil behavior, and the fraud but the crime of extortion.Part Five: Conclusion--- the qualitative analysis of the actor's behavior of stealing the detonators and demanding 100 thousand RMB. This part has provided a comprehensive evaluation of this case by means of combining the behavior of stealing the detonators with the behavior of demanding 100 thousand RMB and then got a conclusion: The behavior of stealing the detonators and the behavior of demanding 100 thousand belong to two independent behaviors which are taken as theft explosion sin and extortion crime respectively and the actor should be punished for several offenses.