Study On The Nature Of The Act Of Stealing Motor Vehicle License Plate For Ransom

The act of stealing motor vehicle license plate for ransom refers to theoffender obtains property by stealing the owner’s license plate and asking the ownerto take money to redeem with the purpose of illegally obtaining property. Thisbehavior includes three parts, such as behavioral pattern (theft), behavioral object(vehicle license plate and the owner) and behavioral contents (claim). Theft refers totransferring the owner’s license plate for one’s own possession by the way of peaceand non-violence which violates the owner; vehicle license plate refers to the vehiclemanagement authority issues the owner a hard card with registration code numberthrough application by the owner; claim refers to the offender exclude the owner’sdominating relationship for property and establish his own. As a way of crimeemerging in society at present, comparing with the other criminal behavior, theparticularity of stealing motor vehicle license plate for ransom mainly embodied inthree aspects, such as plyability and placidity of its behavioral pattern and dualism ofits behavioral object.At present, about the qualitative question of stealing motor vehicle license platefor ransom, many disputes are existing both in practice and theory, and the four mainviewpoints are following: stealing crime, crime of stealing state organs certificates,extortion and blackmail crime, and the combined punishment of stealing state organscertificates and extortion. The stealing crime clarifies that the act of extortion belongsto the afterwards act of impunity; the crime of stealing state organs certificatesclarifies that the license plate belongs to state organs certificate; the extortion andblackmail crime includes two views: absorbable offence and implicated offence; thecombined punishment of stealing state organs certificates and extortion clarifies thatthe act of stealing license plate belongs to implicated offence, but it put forward theidea of combined punishment for several crimes about the principle of punishment.Through the analysis of these controversial views, the main reason of disputes is thatthe scholars are in disagreement on some theoretical problems, such as the nature ofthe license plate, determination of implicated offenses, and determination ofafterwards act of impunity.In view of the disputation of scholars, it requires to clarify the controversialtheories to precisely define the nature of the act of stealing motor vehicle license plate for ransom. For instance, the nature of motor vehicle license plate should be a markinstead of a certificate of state organs; the crime of theft think that the ransomingmoney act is not the afterwards act of impunity, can not be integrated assessment intheft; the act between stealing plate and ransoming money involves implicatedoffender, rather than absorbable offence; fear of extortion victim identified, toconsider the meaning of fear from the nature and extent of both subjective said thatstandard. According to clarify these theoretical issues, the crime of theft, realize thatthe crime of stealing certificates of state organs, the crime of extortion, and concurrentpunishment for crime of stealing certificates of state organs and extortion are allimperfect, but the crime of extortion is more reasonable.