A Study Of Crime Of Seizing

Legal property shouldn't be infringed. It is a basic law in the modern society. Seizing crime is different from theft crime and robbing crime. Thought it is an old crime of infringes property, few special articles talk about it. Seizing crime happens more and more in recent years. Because it is complex, many peradventures come out in theory and judicatory practice. The article talks about the basic theory and the judicatory practice peradventures completely. The article has six parties.1. The article begins with the legislation of the seizing crime. It includes overseas legislation and domestic history of the seizing crime. It also analyses its definition.2. Structure of the crime. The general understanding of the main body and subjectivity of the crime is unitive. There are many understandings about the objectivity and the object. Especially, the committing object is the public and private property in the criminal law. The definition of the property is not clear. If it is movable only; If is economic only; If it is others only etc. On the objectivity, the article talks about if seizing heedlessly, if seizing property publicly, if seizing property with force.3. The limitation of the crime. The difference of the crime and the other crimes is difficult to tell. It is often confused with the theft crime and the robbing crime. On the limitation, the article talks about the limitation of crime and no crime firstly. The article talks about the limitation of the crime and the theft crime and the robbing crime secondly. The article sums up the limitation of the crime and the other crimes.4. Transformation of the crime. The transformation of the seizing crime is the hotspot and difficulty. Many theories often talk about them. In the criminal law circle, the bifurcation is very large about the definition of the transformation. The article agrees with the transformation of behavior. So the article talks about item 269 in the criminal law. It talks about the character of the main body, the amount of the transformation and seizing with lethal weapon in the judicatory practice. And the article agrees with that seizing with dangerous method is robbing.5. The criminal form of the crime is the difficulty of studying the crime. It is difficult to understand in the judicatory practice. The article talks about the preparation and suspension of the crime. Then the article talks about the completion and incompletion of the crime. The article insists the theory of controlling and governing. On the common crime, the article concentrates on the character and form of the common crime mainly.6. The criminal punishment of the crime is related with the seizing amount and the seizing details. The article talks about the amount and the details, and then elucidates punishment principals.