Under The Guise Of "Qualitative Analysis Test" Open Car Theft Behavior

In the rapidly changing social process, the form of crime will also appear more and more ways. A variety of complex behavior staggered together, so that many of the fuzzy zone between the crime more and more. As "criminal law" specific provisions of Chapter V of the property crime, the objective behavior often interlaced, which makes there had been many disputes and problems in practical application. And the law of the provisions of the provisions of the criminal act is relatively simple, summed up, so that in judicial practice, theft, fraud, robbery and other property crimes are easy to confuse. For example, people hypocrisy by telephone. The results while the victim does not pay attention to, quickly ran away these types of cases, in different courts, even the same court judgment are different. It is precisely because of these acts of understanding, different judgments, so that the credibility and authority of the judiciary is a great challenge. So, this paper on fuzzy zone in typical cases as the research sample, compared to similar cases, reading the relevant literature, in induction based on the differences of opinion, systematically several kinds of crime of similarities and differences. In depth study of the difference of their core. It is concluded that the case of the study should be more reasonable for the crime of robbery.Specifically, the Luo and Gu Moumou through test drive behavior of the transfer of the property a case analysis of by the difference between the crime of theft, fraud, or forcible seizure to explore the idea behind the law, through the accreditation of jurisprudence of further integration, set up a easy to practice using the pyramid system in property crime. The in-depth study of "flagrant", "secret", summed up in the possession of the property transfer process, if can judge belongs to take people unprepared, openly to capture the behavior of other people’s property, identified as to snatch the crime, if the transfer behavior of others to occupy the property by means of secret theft, identified as theft. As is completely contrary to the other will obtain the property, or defective disposition based on obtaining property again distinguish between theft crime of fraud and crime, at the same time with the perspective of disciplinary actions see crime of fraud and crime of possession, to recognize the relationship between the errors of key points and find out the crime of fraud. Finally construct a property crimes system behavior context, in order to verify the specific charges, so that the crime theory system seamless. This paper is divided into four parts:The first part: the basic situation of the case. Mainly consists of four parts, the introduction, the differences of opinion, constitute the focus of controversy. This case is mainly composed of Luo a three times on behalf of the drive, through different means of behavior when the victim’s face motorcycle ride came elicits the detailed study of three kind of property crimes: theft, fraud and snatch crime.The second part: the legal analysis of the related problems. On the case involving the relevant theoretical issues were discussed in this article focuses primarily on three parts: first, set out to find out the crime by the behavior of property crime implementation behavior, and thus the preparatory behavior for a division, to distinguish between primary and secondary; the second is of fraud behavior and possession, understanding errors and other related concepts to further define the connotation of disposition; third, respectively on the core difference between the crime of theft, fraud, or forcible seizure made the elaboration, combined with several important theory to demonstrate this.The third part: the analysis of the case. Through the previous study of the legal knowledge of the conclusion of the case analysis, and combined with the relevant theories to draw a reasonable conclusion.The fourth part: the study of the case. This paper mainly summarizes the qualitative analysis of this type of cases, and the use of the Pyramid way to the judicial practice, to provide reference for the future treatment of such cases.