Judge Of The Mobile License Stolen And Property Extortion

Recently, with the inventory of mobile promoting rapidly, the Mobile LicenseStolen and Property Extortion (MLSPE) gets to the high point of its rate, whichcauses the attention of the whole society. However, by the acknowledge of the caseof MLSPE, there are still great divergences existing in the identification of mobilelicense in law view, the punishment, whether the criminal is implicated offenses andetc. It is the divergences, not only reflecting the mess of dealing MLSPE, but alsomaking the punishment unfair, that gives the citizen misconception to MLSPE,impacts the education of criminal law and even crashes the authority of the law.This essay selected from Pang’s MLSPE concludes the analyzation includingfour parts except the abstract:The first part-The basic information of the case.Briefly describing the cause ofthe case and the process of the criminal of Pang’s MLSPE such as the amount of themobiles, the value of mobile licenses and the amount of the money illegallyobtained in the criminal.And the focus of the debate and the divergences for thecase.Briefly describing the Five Points of view in law theory to MLSPE.The firstview believes MLSPE as the Theft of the Organization of Official Certificate.Thesecond believes MLSPE as the Crimes of Disrupting the Production andOperation.The third believes MLSPE as the Larceny.The fourth believes MLSPE asthe Offence of Extortion by Blackmail.The fifth believes MLSPE as the Theft of theOrganization of Official Certificate, the Offence of Extortion by Blackmail and theCrimes of Disrupting the Production and Operation together, which should be dealtseriously into the Grave Crime with the implicated offenses of the three above.In mypersonal opinion, the focus of the case’s divergence exists in as followingpoints.Firstly, we should make clear whether the mobile license is identified by theOrganization of Official Certificate. And MLSPE would be identified as the Theft ofThe Organization of Official Certificate if the mobile license really is. HoweverMLSPE would be identified as the Larceny if it is considered as the commonproperty.Secondly, in what aspect MLSPE badly impacts the law. The MLSPEwould be identified as the Crimes of Disrupting the Production and Operation. Forthe reason MLSPE makes the harmful damage to the production and lebensordnungen, although the mobile license is considered as the low value or theworthless. MLSPE would be identified as the Larceny and the Offence of Extortionby Blackmail if MLSPE encroach on other’s properties directly.Thirdly, itimportantly focuses on whether the relationship between the Mobile License Stolenand Property Extorted is implicated to decide whether MLSPE would be identifiedas one the Grave Crime or all of three criminals.The second Part-The law analyzation with connection of the case.To deal withthe debate of the case and the correct method of the law, I make documents stateorgans involved in controversial viewpoint, production and operation of the crimeof sabotage, theft, extortion constitutes a crime characterized by a combination ofcontroversial issues were the focus of detail there are other theoretical explanations,and implications involved in handling the case the Principles guilty conceptsidentified and implicated in the relationship,such as a theoretical implicatedinterpretation and analysis.On this basis,for each case were to be controversialviewpoint assessment, treatment demonstrated in detail the author comments on thecase.The third part-Conclusions of the research.In this essay, I make theconclusions as the following points with the analyzation of the focus issuesabove.Firstly, MLSPE of Pang cannot be identified as the Theft of The Organizationof Official Certificate if the mobile license is not featured as the State Authorizationbut the common file. Secondly, MLSPE cannot be believed as the Crimes ofDisrupting the Production and Operation.Thirdly, MLSPE of Pang can be identifiedas the Larceny.Fourthly, MLSPE of Pang can be identified as the Offence ofExtortion by Blackmail.Fifthly, MLSPE of Pang can be identified as one GraveCrime for the connection between the Larceny and the Offence of Extortion byBlackmail.The fourth Part-The Enlightenment of the Case.With the analyzing of the causeof MLSPE by law and society, I offer the several suggestions of the prevention ofMLSPE in the present situation.And we can conclude that MLSPE should be vieweddifferently according to the various situations.