A Qualitative Study On Criminal Behavior Of Overt Peaceful Transfer Of Property

Open and peaceful transfer of property behavior has "open",so does not meet the larceny for behavior "secret" requirements;The act of transferring property openly and peacefully takes peaceful means,which does not meet the requirement of "violent" means of robbery crime.The special feature of the open and peaceful transfer of property is that it has some characteristics of larceny and robbery,but it is different from the two crimes.Whether it is characterized as larceny or robbery,it has defects,but it does not conform to the criminal constitution of other property crimes except larceny and robbery.For this kind of crime,many local courts appear the same case and different sentences.Scholars who hold the view of larceny believe that the distinction between larceny and robbery should be made on the basis of whether it has the possibility of causing casualties.The behavior of transferring property openly and peacefully,without the possibility of causing casualties,should be characterized as larceny.This view expanded the scope of application of larceny,exceeded the national expectation,the distinction standard was too vague,and did not do the qualitative behavior according to the objective facts.Comparatively speaking,the "open" and "secret" as the only standard to distinguish the crime of theft and robbery,the open and peaceful transfer of property behavior as robbery,not only can be understood and recognized by the public,and easy to operate in practice,but also to achieve the perpetrator of the subjective vicious and objective physical harm consistent,to achieve the crime,responsibility and punishment.The overt and peaceful transfer of property can be divided into two behavior patterns,namely the subject-objective consistent type and the subject-objective inconsistent type.For the open and peaceful transfer of property of subjective and objective consistency type,it is not necessary to consider whether the victim closely occupies the property,nor whether the perpetrator uses violent means to the object.As long as it meets the conditions of "open",the behavior should be identified as the crime of snatch.For the subjective and objective inconsistent type of public peaceful transfer of property behavior,can be in accordance with the abstract facts of the wrong understanding of the legal accord to deal with,identified as the establishment of theft.