Qualitative Research Of License Plate Stolen For Extortion

In recent years,the crime of extorting property by stealing license plate,a new type of property crime,shows a trend of increasing high incidence.The criminal behavior seriously endangers the property safety of the people,and brings bad social impact,and greatly disturbs the social order.Although the strike force on such crimes has intensified in many places,there is no consensus on how such cases should be handled,either in criminal law theory or in judicial practice.At present,there are mainly four claims of punishment,that are,larceny,offence of extortion by blackmail,crime of theft of state documents,as well as combined punishment for crime of theft of state documents and offence of extortion by blackmail.Theoretical disputes will case officer act as their own pleases in dealing with specific cases and then lead to different penalties for the same crime,which not only hinders the realization of the general preventive function of punishment,but also is not conducive to the establishment of legal authority.Therefore,focusing on the case of Dong theft,combined with the relevant legal theory,this paper summarizes and analyzes the determination and number of crimes of such crimes.In addition to the introduction,this paper is divided into four parts:The first part introduces the basic situation of the case,and summarizes the different opinions and the focus of the dispute.First of all,the specific case of Dong theft is briefly introduced,and then the differences in this case are summarized,that is,larceny,offence of extortion by blackmail,theft of state documents,and combined punishment for crime of theft of state documents and offence of extortion by blackmail.The focus of the dispute is then summarized as follows: whether the license plate belongs to the category of documents of state organs;Whether the theft of license plates should be evaluated separately from extortion of property;Whether the act of extorting property by stealing license plate is imaginative joinder;Whether the act of extorting property by stealing license plate and act of extortion can establish implicated offender and how to deal with the number of crimes in this case.The second part carries on the legal theory analysis on the related question.To settle the dispute,this paper mainly analyzes and expounds the following theoretical problems in detail in part two.First,it is about the definition of license plate nature.In combination with the relevant judicial interpretation,it is to clarifies the differences in concept and characteristics inthe documents and license plates of state organs.Secondly,it expounds three crime of constitution involved in this case.Third,whether the act of stealing cards and collecting money is an imaginary complicit.Finally,combined with the case,this paper analyzes and discusses the identification of implicated offenders and the number of crimes.In the third part,it analyzes the case and makes a conclusion.Through the theoretical analysis of the above part,it is concluded that,first of all,since the license plate does not belong to the state organs documents,this case can not be determined as theft of state organs documents crime;Secondly,the act of stealing license plate by Dong can constitute larceny itself.Thirdly,this case does not establish an imaginative joinder;Finally,act of stealing license plates and extorting property set up implicated offender of larceny and extortion.It shall be punished in accordance with the principle that the implicated offender shall be punished with a felony.In summary,in this case,Dong’s behavior should be punished in accordance with the provisions of capital felony(larceny).In the fourth part,it is about the research enlightenment of this case.This part makes recommendations through the resolution of difficult problems in individual cases to provide reference for the solution of practical problems that are similar to the case.This part mainly discusses from four strengthening the law to standardize the new things,realizing the electronic information of license plate,strengthening the publicity of popularizing the law,strengthening the citizen’s legal consciousness,raising the awareness of prevention,and strengthening the preventive measures.