Study On Nature Of Jointly Grabbing The Property Controlled By One

With the development of science, the development of society, the crime means is also showing diversity and complexity, which makes the crime of infringement of property, how to distinguish the crime of theft, fraud, embezzlement, robbery and other crimes, become a major problem in the field of justice. These charges in the general case is easily distinguished and understand, but if encounter complex cases will be very difficult to grasp and understand,often appear crime means diversity or complexity makes the case presents inclusive or cross in some extent, makes the judicial workers in qualitative dilemma, thus appeared the many different judgments in the qualitative, but also caused great dispute in the theory circles. How to correctly grasp and apply the criminal law, so that the heart is always full of justice, look back and forth between norms and facts, the case, how to in the case reflects the crime of the crimes and punishment when the penalty, the realization of the criminal justice, stability and purpose of is very important. So it is very important to identify and distinguish the crime of infringing property in the theory and the judicial practice. This paper is about 22000 words,about five words, the behavior of Wu and Zhang’s behavior qualitative issues, analysis and discussion, the following parts are as follows:The first and second part of the cause of action and the case introduction, narrated Wu and Zhang using the grab method to Wang 11 million cash to take away the facts of the case.The third part introduces the differences of the case and the focus of controversy, On the basis of the summary of the case of the case involved in the summary of the dispute, that is,Wu and Zhang, how to get the financial behavior of the qualitative, there are different views.The first view is that Wu and Zhang’s behavior was founded on the crime of embezzlement.The second view, Wu and Zhang’s behavior to establish a crime of theft. The third view is that Wu and Zhang’s behavior was established to snatch the crime. The fourth view, Wu and Zhang Moucheng’s act of fraud crime. Finally, the focus of controversy involved in this case by reasoning analysis.The fourth part analysed. First of all, from the criminal law on the discuss this case in the encroach on the understanding of the behavior person Wu Mou held the victim wang mou state of 110000 yuan in cash. Secondly, in view of this case involving the crime of theft,embezzlement, robbery, robbery crime, fraud, and discusses these charges under what means money. For example, how to understand and grasp the secret theft in the larceny, crime offraud in how to grasp and understand the act of deception, robbery crime in how to understand and grasp the robbery behavior, etc. Finally, the means of hybrid type property infringement cases in practice, the analysis of how to identify and handle problems.The fifth part of the analysis conclusion and Revelation of the case. Through the combination of the basic facts of the case, the case of qualitative analysis and discussion, as well as the study of the case to be inspired.