Qualification Of The Act Of Theft License Plate Extortion Property

In recent years,the perpetrators of theft of license plate to ask for money in the behavior of repeated occurrences,although the practice of action against such acts is very large,but the effect is not satisfactory,seriously endangering the normal management of society,The construction of the rule of law has caused a very adverse effect.At present,the understanding of the behavior of the criminal law controversy is quite controversial,theft of license plate money can be guilty of the crime,constitute the crime,the nature of the license plate and whether the behavior can be implicated in dealing with,there is no uniform argument,On the difference will make the investigators in the practical operation of the line is.Differences in viewpoints will make the investigators in the judicial practice of their own line,and local courts in the conduct of such acts on the conviction also appeared "the same case of different judgments" phenomenon.If these disputes can not be resolved in a timely manner,not only will damage the authority of the law,but also not conducive to the general prevention of the function of the penalty.The article chooses Wang Moumou to steal the license plate to extort the property of the case,the society frequently occurred in the qualitative behavior of this kind of in-depth discussion and research.In addition to the introduction,this paper is divided into the following four parts:The first part is the basic case of the case.By briefly introducing the basic case of this article-Wang Moumou theft license plate extortion property,and the theoretical and practical differences in the views of the case,the main controversy in this case focus: whether the license plate can be identified as state organs documents;Whether the act and the act of extortion can create an offense involving the offense and how to deal with the crime in this case.The second part is the legal analysis of the related problems.In order to unify the understanding of such behavior in the practice of judicial practice,this part focuses on the relationship between license plate property,theft behavior and extortion behavior,how to steal license plate behavior and how to implicate crime and other aspects of a detailed theory analysis.First,the identity of the license plate,the text by discussing its concept characteristics and related judicial interpretation of the license plate and the state organs to make a close distinction between the documents.Second,the theft of license plate extortion money how to qualify the qualitative,at present in theory,the behavior of the existence of the theft of theft,theft of state organs and extortion crime three different views,the composition of these charges And the characteristics of the focus of the controversy with the focus of a detailed analysis of the study.Thirdly,how the relationship between theft and extortion is determined.By analyzing the theory of implicated theory and the principle of its disposal,it demonstrates how the behavior of the perpetrator in this case constitutes the implication of the crime and the principle of punishment.The third part is the analysis and conclusion of the case.According to the relevant legal analysis,the conclusion of this case is drawn: firstly,the license plate can not be evaluated as the scope of the state organ documents.Therefore,the behavior of the actor Wang Moumou does not set up the crime of theft of state organs.Second,Wang Moumou many times to steal the behavior,the amount of the standard to set up theft.Third,Wang Moumou theft license plate after the extortion of the victim's money to set up extortion crime.Finally,the behavior of the perpetrators of the theft of license plate and extortion property of the two criminal acts with criminal law implicated relationship should be identified as implicated,from a felony.Based on the above analysis,combined with the specific circumstances of this case,Wang Moumou's behavior should be punished in accordance with the crime of theft and extortion.The fourth part is the research inspiration of this case.In this case,it is difficult to characterize the behavior of the perpetrator,to a large extent how to clarify the nature of the license plate and whether the act of theft and extortion can be dealt with by the implied offense.This part puts forward the relevant opinions from the aspects of perfecting the relevant legislation,popularizing the legal knowledge of the citizens,increasing the social prevention and control,and raising the awareness of the citizens.