Determining The Nature Of The Behavior Which Take Others’ Property Publicly And Peacefully In The Name Of Shopping

The crime of invasion propertyhave a high incidence in our system of criminal law such as crime of swindling,larceny and crime of seizing by force.The nature of those three crimes are difficult to distinguish in some complex cases,due to the principle and the lagging of law.For example,it’s difficult to determine the nature of the behavior which take others’ property publicly and peacefully in the name of shopping,both in criminal theory and judicial practice,because the means of behavior are different,and the form of behavior are various,including fraud,seizing by force in public and stealing in secret.In order to determine an accurate nature of the behavior which take others’ property publicly and peacefully in the name of shopping,and get anuniform standard of conviction and sentencing,we must explore their reasonableness and compare the similarities and differencesamongthose theories,on the basis of analyzing and researching the constitutive requirements of three crimes.The behavior of taking others’ property publicly and peacefully in the name of shopping include content,action fashion and behavior objects.This type of cases can be divided into three types,which are direct occupying in public,after the first hold type and occupying after control.At the same time,the author start with three typical cases which are from the practice,and systematical state the reasonableness and irrationality of three theories which are “larceny”,“crime of seizing by force” and “crime of swindling”.The author exact analyze the theories that used in different cases.The author make a conclusion about the conditions that apply to three theories,after clarifying the prominent features ofrelevant theories,such as the means of taking property,transferring possession,the consciousness of disposal,and the act of disposal.Firstly,the behavior which take others’ property publicly after control in the name of shopping should apply to the theory of larceny.Secondly,the behavior which take others’ property publicly after temporary possession in the name of shopping should apply to the theory of crime of seizing by force.Thirdly,the behavior which take others’ property publicly after possession by means of deception in the name of shopping should apply to the theory of crime of swindling.