Criminal Judicial Recognition Of Blatant And Illegal Possession Of Others’ Property By Peaceful Means

Property crime is a high-frequency crime in the whole criminal system of our country.Theft and robbery are two main forms of crime.However,with the rapid development of society,the ways and means of criminal actors and suspects are becoming more and more complex,and the criminal law is lagging behind,which leads to some difficult cases can not distinguish the two charges.The behavior of blatant illegal possession of other people’s property by peaceful means is such a typical case.This kind of case is peaceful because of the means adopted by the perpetrator and suspect,that is,no violence is used,but at the same time it is blatant illegal possession of other people’s property,that is to say,it conforms to the equality of the means of theft and the openness of the means of robbery,which has caused considerable controversy in the theoretical and judicial circles.Some people believe that such cases should be of this nature.The crime of theft should be convicted,while others believe that robbery should be convicted.Based on the analysis of the constitutive elements of theft and robbery,this paper explores the reasons,advantages and disadvantages of these two conviction opinions.In order to make an accurate qualitative analysis of the illegal possession of other people’s property by fair and peaceful means.The definition of theft and robbery provides a basis for the characterization of unlawful possession of property by blatant peaceful means.Those who hold the view of theft believe that,firstly,secret theft is not the only manifestation of theft,and the blatant illegal possession of other people’s property can also be evaluated by theft.Secondly,the means of this type of crime is peaceful and does not conform to the characteristics of the violent illegal possession of other people’s property in the crime of robbery.Lastly,it can provide peaceful means to carry weapons.There are strong reasons to support it.Although this view has its rationality,it still has some shortcomings.On the one hand,the means of the crime of robbery do not have to be based on the premise of taking money by violence.Peaceful means of illegal possession of other people’s property can also establish the crime of robbery.On the other hand,it overturns the traditional theory of the standard of identification of theft and robbery,which will greatly impact the traditional legal concepts of the general public and judicial personnel,thus easily reducing the public’s recognition of criminal law.In my opinion,compared with theft,it is more reasonable to characterize the act of blatant illegal possession of other people’s property by peaceful means as the crime of robbery.Firstly,the blatant illegal possession of other people’s property in a peaceful way is a blatant means of behavior,which conforms to the manifestation of the blatant crime of robbery.Secondly,the behavior of blatant illegal possession of other people’s property by peaceful means is defined as the crime of robbery,which can well reflect the subjective vicious size and social harm of the perpetrators and suspects,and realize the legality of crime and law,which is in line with the legislative system of our criminal law.In addition,this paper also divides four modes of behavior of blatant illegal possession of other people’s property by peaceful means,namely: the behavior of blatant illegal possession of other people’s property by direct peaceful means,the behavior of blatant illegal possession of other people’s property by indirect peaceful means,the behavior of blatant illegal possession of other people’s property by subjective and objective peaceful means,the blatant illegal possession of other people’s property by subjective and objective inconsistencies,and the blatant The act of possessing another person’s property.The first three modes of illegal possession of other people’s property by peaceful means can be defined by the "public" and "secret" of robbery and theft,while the mistake of understanding abstract facts can be used to deal with those modes of illegal possession of other people’s property by peaceful means which are inconsistent with the subjective and objective.