Research On The Objective Elements Of The Crim Of Seizing

The crime of plunder is the Criminal Law Chapter crimes against property in a count of theft and robbery is between between a crime. Anglo-American criminal law and most civil law countries did not conduct a separate conviction for snatch, or contained in the theft, or contained in the robbery, only to snatch our country as a separate charge, into the criminal law, the part of the creation of the Criminal Code. China’s current Criminal Law267provides for the use of simple counts of the crime of plunder, the violation of the object is public and private property ownership, that can only be a simple violation of property rights. The composition of the crime of plunder to spot blatant illegal possession of property without the use of violence, intimidation or other coercive methods of its features. In this regard, criminal law community has reached consensus on many issues, but there is also some controversy and even opposition, such as whether the act in order to grab "by people do not" as necessary, by people "well prepared" and those who take the money, whether it constitutes a snatch; snatch acts committed other offenses, according to a crime or multiple crimes is at fault, which is based lie.Second paragraph of Article267of the Criminal Code provides that "to carry lethal weapons, in accordance with this Law, Article263of the Criminal Law", that is robbery, convicted and punished. Provisions on which the understanding and application of various theorists had different perceptions of how to correctly understand and apply for judicial practice which has great significance, in order to unify law enforcement, the Supreme Court "to hear cases of robbery and a number of issues specific application of the law interpretation "(hereinafter referred to as" interpretation ") Article VI which was clearly explained, the so-called carry lethal weapons," refers to the act to carry firearms, explosives, knives and other countries banned the devices carried by individuals to snatch or to implement crime and the carrying of other equipment to snatch behavior ", I think it should be those in normal circumstances can instantly cause damage, destruction and death have a greater deterrent devices. And as red pepper, belts, etc. are not in this range. The crime of plunder and robbery of the difference, for the judicial practice is necessary to identify some of the atypical cases.In summary,Rob is refers to the person or people by fishing in play, using a means or peace means took a large amount of public or private property, but without using violence intimidation or other compulsory means behavior.In this paper the author and the objective elements of the sin of viewpoint: By people unprepared or fishing, openly took a large amount of public or private property behavior.By people of every state can be covered in openly of capture. According to the criminal law of the proposed legislation intended fishing, openly took a large amount of public or private property of explanations, Can make real life difficult case to regulate.