The Analysis Of The Criminal Law About Trailing And Taking Property

Taking the case that Mr Zhang gets property with trailing after someone asresearch materials, the paper mainly studies definitions on “trailing behavior” as wellas “taking property secretly”. Also, this paper makes legal analysis and explores thejudicial practice, coming to a conclusion.The main structure of this article consists ofthe following three parts:The first part is mainly to introduce basic facts of the case and propose thedispute focal points, which means that how to define Mr Zhang’s trailing aftersomeone, taking property secretly as well as subsequent threats and beatings.The second part is to analyze the dispute focal points one by one and have asummary in accordance with legal analysis and judicial practice. Further more, threeproblems are further explored. Whether the trailing behavior in the case should beregarded as the committing action or not? Is taking property secretly with followingafter someone considered as theft or plunder? Should the subsequent actions such asthreats and beatings be separately or comprehensive evaluated? Finally, this partdraws a conclusion to these questions.The third part is reaching a conclusion and giving some revelations to the case.According to analyzing the dispute focal points of the case, this paper arrives at aconclusion that Mr Zhang should be convicted of robbery. Mr Zhang trails aftersomeone, which should be defined as “preparation actions”, instead of “committingactions”. He takes property secretly, which is defined as plunder, rather than theft.Also, his real purpose of the subsequent behaviors shows that his criminal activityshould be identified as Transformed Robbery.The forth part are some revelations. The development of Criminal Law in Chinashall be a step-by-step process and should correspond with the judicial status andthe social public awareness.