The Dug Absue Plunders The Car Dealership For Qualitative

"People's Republic of China Criminal law" 122th stipulation:"By the violence, the coercion or the alternative means kidnaps the ships, the automobile, place below 5 years above 10 years set term of imprisonment; Creates the serious results, place above 10 years set term of imprisonment or life imprisonment."In the abstract stratification plane, kidnaps the automobile crime the behavior object and infringement object is quite explicit, this crime also does not have how many difficulties for the important document and the crime content assurance.Therefore, besides the criminal law textbook introduced briefly this crime constitution and the legal punishment, we very little see with it correlation theories writings article.But in the judicial stratification plane, revolves this crime qualitative and the legal consequence concrete determination, still had many question puzzle judicature trial department.It is necessary to unify the concrete case to launch the careful analysis.The full text altogether divides six parts, altogether 16,000 characters.First part: Introduces the case and the dispute focal point.This part mainly introduced the author participation comments looks up kidnaps the automobile case together the case, has the reason, the process and the result including the case, the People's Procuratorate to this case appeal opinion as well as the people's court to this case the decision result.Hereafter, this part further explained the viewpoint which which holds at in this case prosecution and the trial process, the host sues the public prosecutor, procuratorial committee's appraisal personnel and people's court's collegiate bench members differently to this case behavior nature, even opposes.Second part: After the author takes drugs plunders the vehicle subjective condition.This part mainly discussed this case accused person to slurp when the narcotics kidnapped the automobile, to oneself behavior subjective understanding and will condition.First, takes drugs through the elaboration the pathological state which the posterity body appears, explains author's understanding and control; The union this case accused person takes drugs plunders vehicle hour each concrete action, clarifies the accused person in to take drugs plunders when the vehicle, whether is at oneself debates calls"consciousness blank"the condition, whether then can be clear about the accused person to become of subject of crime the suitable standard.Next, analyzes the author concrete cognition the content and the will condition.Third part: The author plunders the vehicle method nature.After this part of main discussion this case accused person slurps the narcotics plunders the car dealership for the objective aspect.First, in the analysis general sense"kidnaps"the implication, next, the union this case case analyzes the author to kidnap the automobile method the concrete characteristic.Fourth part: Takes drugs plunders the vehicle violation social relations.First, discusses the author behavior object namely"the automobile"criminal law implication; Next,"unspecific"the concept implication promulgates this kind of behavior harm public security through the explanation the essence.Fifth part: Encompassment this case recognizes the discrimination lenient plot recognizing.First, decides the situation in view of this case, combs the criminal law to stipulate surrenders the tenable condition; Next, is clear about the accused person girlfriend to assist to seize the behavior to take punishes the author leniently the plot nature.Sixth part: This case conclusion and ductility ponder.This part had mainly expounded the author to should kidnap the automobile document the processing opinion, first, is clear about this case accused person's responsibility for an offense nature and the concrete penalty.Next, proposed this crime legal punishment beginning excessively high legislation flaw, gives the concrete revision law comment.