Qualitative Study On Behaviors Of Illegal Acquiring Other’s Property In Hypocritical Buying

In China,the academic community holds basically the same views on the boundary between larceny and robbery.But in recent years,with the new theory proposed by professor Zhang Mingkai,this issue has become a hot topic of discussion among scholars.It is the focus of controversy among scholars to determine the behavior of acquiring others’ property by peaceful means.As the same time,there are different ways to deal with this kind of cases in judicial practice.Taking a real case as the entry point,this thesis introduces the ambiguous definition of larceny and robbery crime in the judicial practice.And it makes a comparative study of the "new division" and "old division" based on the existing domestic and foreign researches.The writer is looking forward to provide valuable reference for judicial practice by means of further discussion and analysis.This thesis consists of three parts: abstract,introduction and text.The test is divided into three parts: the first part introduces the case briefly,and sorts out the focus of the dispute in this case;The second part based on the controversial focus of the case analyzes the different views and makes a conclusion that the illegal acquisition of others’ property in hypocritical buying should be identified as the crime of forcible seizure.Among them,the distinction between "larceny" and "crime of forcible seizure" and the understanding of "theft secretly" and "grab publicly" are discussed.The last part is the suggestion part,which makes a superficial analysis of the problems,opinions and relevant laws and regulations in the process of case study,and puts forward some suggestions.