Study On The Nature Of The Act Of Possessing Booty With Scaring Away Thief Method

The nature of the act of possessing booty with scaring away thief method arousesgreat disputation in criminal theory circle and practice circle. Based on the introductionand analysis of various controversial points of view, possessing booty with scaring awaythief method should be determined as extortion.Precisely defining the meaning and characteristics of the act of possessing bootywith scaring away thief method is the basis of determining its nature. The meaning of theact of possessing booty with scaring away thief method is that the actor obtains the bootyby making the thief’s fear more aggravated and excluding the thief’s possession forillegal occupation of booty. The characteristics of the act of possessing booty withscaring away thief method is atypicality, complexity, duality, accidental.The nature of the act of possessing booty with scaring away thief method mainlyhas two opposing views—crime and non-crime. In the views of non-crime, someadvocates unjust enrichment, some advocates increasing the succession crime theory inthe criminal law in our country. In the views of constituting crime, some advocates guiltyof this crime, some advocates guilty of others, which mainly relates to theft, robbery,seizure, embezzlement, fraud, extortion, disguise of conceal the proceeds of crime. In theviews of crime, the actor’s illegal occupation of possessing booty basically formed aconsensus, the controversies is that how to understand the method of possessing thebooty.In order to accurately determine the nature of the act of possessing booty withscaring away thief method, it is necessary to clarify the following theoretical problems.Such as the "secret" characteristics of theft is subjective, relativity, time; the violence inthe robbery should be sufficient to restrain the resistance of the others; the crime ofseizing requires a strong role in the matter; swindle is the necessary condition of fraudbut not the sufficient condition; the premise of the embezzlement crime is that its actoralready hold the others’ property; obtaining property by way of hints should be identifiedas extortion, as well as using deception means in the process of blackmail and imposeexactions should be identified as extortion.