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A Study Of Crime Of Seizing

Posted on:2015-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y L JiangFull Text:PDF
GTID:2296330467954090Subject:Law
Abstract/Summary:PDF Full Text Request
"For the purpose of illegal possession, take people unprepared, seizure of largeamount of public or private property is public"[the interpretation of criminal law ofthe People’s Republic of China, law press,2011. Page21.] Is chapter5violation ofproperty crime in the criminal law for the description of the crime. Growing socialand economic development, the property type crime rate also will increase. A crime asa common and frequent criminal, but also frequently appear in the eyes of the public.In some areas a crime problem, greatly damage the social order and stability of life. Inpractice, robbery crime and robbery often concurrent or conversion, and also existswith theft. Because no matter from the form or definition of robbery crime androbbery and theft have similarities, but in the crime and the crime, this crime andthose crimes on the boundaries of often appear disputes and differences, and even ofwrongful convictions.We look from the horizontal, as compared with foreignlegislation, crime in the world’s two big legal system did not exist as an independentcrime. But more integrated into the theft and robbery. Compared to our countrycriminal law the crime to property crime, visible to the attention of the crime in ourcountry. Therefore need in things more more, reference on the basis of analysis,combing out rob special and different from other crimes in a more complete theory toguide practice all kinds of problems that may occur. Therefore, this article will discussfrom the following points to a crime and the related problems.First of all, from the basic theory of crime and the legislative background of further study of crime in our country in the process of development and historicalchange compared with foreign law, to analyze different system under the backgroundof the characteristics of the crime.Second, the comprehensive analysis of robbery crime crime constitution, thejudicial practice of crime subject and the understanding of the subjective factor isrelatively uniform, while in the criminal object and objective aspect has manydifferences. Such as whether "while people unprepared," whether "to seize" is thefocus of this paper will discuss.Again, crime form varied, crime is no exception."Speed snatch","hand rob","strong pull hard drag" and other different forms, will lead to different criminalconsequences.We should be possible in different forms, on the basis of objective andcomprehensive analysis and discussion of robbery crime’s sake.Finally, in the interpretation and analysis of the basic elements and the theory ofthe crime, the crime and the crime of issues still need further discussion. Amount ofstandards and criterions for the conviction of the crime of robbery, and theunderstanding of "for the purpose of illegal possession", the boundaries of crime andthe crime is often only on the poor, all of these can’t ignore. And in order todistinguish between this crime and those crimes, this article will rob SINS androbbery, theft, organizing a mob to plunder the comparing several similar crimes, thecrime constitution, forms and accomplice problem, this paper detailed introduces therelationship and difference between these charges, to better applied to the judicialpractice, the better applicable to the relevant provisions of criminal law.
Keywords/Search Tags:Crime of Seizing, Subjective factor, objective elements
PDF Full Text Request
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