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The Criminal Define Of Motorist Snatching

Posted on:2011-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:P LiuFull Text:PDF
GTID:2236330368477015Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, motorist snatching has become a severe crime which seriously threatens the social security. Because of dangerous approach adopted, motorist snatching is quite different from the traditional crime of seizing. It not only directly violates the property rights but also can endanger the individual’s personal security. Thus various local juridical authorities made different legal application of motorist snatching from the one of conventional crime of seizing. The in-depth research on difference and transformation between crime of seizing and crime of robbery, and the study on such issues of varied kinds of motorist snatching are both important and useful to accurately assessing the motorist snatching, preventing this kind of crimes as well as maintaining the social stability.I try to start from the difference and connection between seizing and robbery in the respect of their crime characteristics, and focus on the transformation and definition among various motorists snatching.In my opinion, some motorist snatching should be categorized to robbery, some should be classified as seizing, and some others are the coupling of imagination of crime of seizing and negligent crime. Thus we should make a whole analysis on the combined basis of subjective intention and objective behavior.In practice, the motorist snatching often leads to injury or death. On some occasions, the motorists easily snatched property and at same time caused the injury or death consequence. Some motorists caught fight from the target and snatched the goods by moving vehicles. Some motorists knocked targets by vehicles and then got the goods. The crime processes are quite different. Whether the motorist snatching can be judged as robbery depends on the presence of behavior characteristics of classical robbery. When criminal take the advantage of force to get the property within quite short time, we cannot easily tell the target of force, say, the goods or the body. More violent seizing behavior will often cause the injury or death. But the injury or death cannot certainly lead to the conclusion of robbery. If one such crime behavior only has seizing characteristics, we cannot explain it as the robbery crime.At to how to define a crime behavior and which category it should be classified, we have to base on the principle of integration of subjectivity and objectivity. We cannot simply regard all motorists snatching as robbery or seizing. What we should do is to combine the subjectivity and objectivity to accurately define those behaviors respectively.
Keywords/Search Tags:Motorist snatching, Robbery, Crime of Seizing
PDF Full Text Request
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