On The Judicial Determination Of The Crime Of Soliciting And Deception

In recent years,cases of impersonating state officials have occurred from time to time,and news of impersonating police officers to "catch prostitutes" and "catch gamblers" often appear.In this paper,we analyze the theoretical and practical perspectives of the case of Zhang Moumou’s fraudulent impersonation as an example.In the case of Zhang Moumou,the perpetrator pretended to be a police officer to catch prostitutes and rob the victims in order to gain illegal benefits,and then the victims escaped.This case has two points of contention,one of which is whether Zhang’s behavior constitutes the crime of robbery or the crime of solicitation and deception,and the other is whether the crime of solicitation and deception is suspended or the crime of solicitation and deception is attempted.The crime of robbery and the crime of bait and switch has a partial overlap in the composition of the elements,Zhang’s behavior also has a variety,the correct identification and distinction between the two crimes and crime form is the key to the accurate characterization of Zhang’s behavior.In this article,through a detailed analysis of the case of Zhang Moumou’s recruitment and deception,the qualitative aspects of the act of impersonating a police officer to catch a prostitute and rob him,and put forward corresponding thoughts and suggestions,in order to provide a little help in judicial practice on the conviction and sentencing of the crime of recruitment and deception.The main content of the article is divided into four parts for elaboration:The first part is the introduction,including the background of this paper,the purpose and significance of the research,the literature review and the research ideas and methods.The second part is a brief statement and organization of the case,summarizing the focus of the case dispute.The main focus is the disagreement in the identification of Zhang Moumou impersonating a police officer robbery,whether it is considered as a violent act of robbery or the crime of solicitation,as well as for Zhang Moumou solicitation is not completed form of criminal attempt or criminal suspension.The third part is the analysis of the case.One of the reasons for the divergence is the different characterization of whether the "handcuffing act" is a violent means of robbery.First,the theoretical analysis of the crime of robbery and the crime of solicitation,which focuses on the analysis of the act of solicitation and robbery of violence.Secondly,on the basis of comparing the differences between the two crimes,we analyzed the "violent acts" of the two crimes in depth,and combined with judicial cases to characterize the "handcuffing behavior" under the crimes of solicitation and robbery.Finally,based on the aforementioned theoretical analysis,it was concluded that the case constituted a crime.Second,the difference between the attempt and suspension of the crime of solicitation and deception in the case of Zhang reflects the different standards of the two sides in determining the facts of the case and the different understanding of the automaticity and thoroughness of the suspension of the crime,which leads to the difference in the determination of the attempt and suspension of the crime.In response to the above differences,further analysis of the automaticity and thoroughness of the crime suspension,as well as the constitutive elements of the attempted crime.Thus,it was determined that Zhang did not constitute a criminal suspension.Finally,Zhang Moumou’s attempt to commit the crime of solicitation by pulling unsuccessfully belongs to reasons other than will.The fourth part is to think about the proposal.This part of the crime of solicitation legislation,judicial improvement and crime suspension judicial improvement suggestions.In terms of legislation: "For the use of violence in impersonating police officers to ’catch gambling’ and’catch prostitutes’ ",there is a need for a clear explanation of the "violence " word for a clear explanation,can be from the purpose of violence,the way,the degree of several aspects,while expanding the provisions of the crime of soliciting the performance of the act.In the judicial aspect: put forward the methods that can be applied in judicial practice to identify the crime of solicitation and robbery,as well as suggestions on the determination of the automaticity and thoroughness of criminal suspension.