Research On The Judicial Recognized Of Forcible Seizure Crime

The crime of forcible seizure in Criminal Law 267 is one of crimes against property.Comparing with legislation of other countries and regions in the world and analyzing the objective of crime constitution it is similar with theft and robbery.In recent years,there is a significant increase in the crime of forcible seizure because of the increasing complexity of their criminal behaviors.A lot of theory and judicial practice problems have come out.Now,legislative practice from of the crime of forcible seizure,further explore the meaning of the crime of forcible seizure,and analysis " unprepared "," public seize " and " violence" with judicial determination,citing " speed robbery " and " weapon snatch " and other judicial practical problems.Discussing related issues in theory,and analyzes the difference and boundaries among forcible seizure、robbery and theft,in order to be helpful to the practice of law in dealing with cases of forcible seizure.This article consists of the following five components:The first part starts with Liu case.Analysis of robbery crime take people unprepared to take and violent controversy about the connotation of the concept and theory.The main characteristics of the preliminary clarify rob behavior.Make a clear definition of the relevant judicial cognizance standard of robbery crime,given his view of the case.In the traditional sense take people unprepared is robbing the necessary element of sin,But again there is many people in practice for the case,take people unprepared elements said cannot apply,Therefore,people take requirements of not only the choice of a crime,Robbery crime is a need to capture the behavior of the publicly.Openly is characteristic of a crime,Was the key to the difference between theft,And the force of a crime may also be used in conjunction with the violent robbery,More important is both the difference of the degree of violence.The second part Mainly takes Hu and Yang common robbery as example,analysis of the weapon,carry the connotation of the concept,in combination with related practice case,in view of the theory controversy,with shallow,the brief analysis of the applicable law.The related theory of clear boundaries between related crime.Weapon and usage of a weapon is divided into the nature of a weapon,The former without controversy,The latter requires the offender in the use of tools is to have criminal purposes,Can only be regarded as the criminal law in the sense of a weapon,The understanding of the carrying,Objectively to carry and use at any time the possibility of subjective must have the will to use at any time,Because in this case the offender does not have the consciousness of use at any time,Not shall be punished in accordance with robbery conviction.The third part takes Feng and Xie case as an example.In view of the controversy,the coaster rob parsing the connotation and types.Combined with the issues to the case,should be proposed to the coaster rob behavior according to the specific situation,this case as a robbery crime is quite reasonable.Coasters snatch it defies as rob or robbery,But according to the actual circumstances of the case,Consider a crime and robbery of the difference in the speed of robbery cases to consider,If the offender to vehicles for tools,can suppress the victim of the resistance and obtain property is robbery,If we can only use the vehicle’s speed advantage makes the victim to resist and obtain property is a crime.And the case did not suppress resistance of the victim,Therefore,only in a crime convicted and punished.The fourth part Headed by Wang rob Lv case.Analysis of practice and theory,for a crime is determined on the comparison with standard,amount of problems affecting the crime of robbery crime and the crime,combined with the case,analyze the qualitative reason for crime accomplishment.The traditional said is out of control and control with indulgence of crime,Put forward on the basis of behavior person the actual control of property,Specific situation to the victim lose control of the property to supplement standard is reasonable,This can maximum limit solve complex problems in practice,The law in relatively large quantities or just grab the punishment according to the requirement of sin,Only said many times to solve the large amount as penalty condition plunder and cannot be determined at a less amount of difficulty.The fifth part introduces the Li and Tian Rob hurt case.It is pointed out that the subjective cognizance standard of robbing people seriously injured,and sin number processing opinion.The rationality of the analysis of the current judicial interpretation.Will this case as a crime,and increase the processing.In the subjective behavior person deliberately mentality is obvious,Once is intentionally,is no longer the nature of the crime,More difficult is that fault mentality for the person,To the specific situation of the case by case,Actor’s behavior to concrete determination results the sin of casualties in the victim,According to the criminal law for both the legal punishment of sin,Rob the aggravating circumstances of statutory punishment can fully meet the degree of the crime of serious injury or death on people,Therefore,according to the deterioration of the crime plot to handle and not imagine competition and reasonable processing way.Improve the efficiency of the judicial,The release of a new judicial interpretation was reasonable.