How To Steal Plate After Asking For Money Behavior Qualitative

At present, the theft of the license plate for owners of property cases more frequent, To such behavior, the processing of such cases in the judicial practice. To see a different verdict can often be in the judicial practice, some theft crime or certificates of state organs, the act of theft, crime of blackmail and impose exactions on some fixed, some people even think that the act does not constitute a crime, the public security management punishment can only. For the same kind of behavior, But the processing results so different, Not only caused confusions in legal application situation, but also caused great differences and disputes in judicial practice and theory.At present,the debate focused on: Vehicle license plate is certificates of state organs? Theft and extortion is what relation? License plate cable theft property behavior how to qualitative conviction? This thesis briefly analyzes the relevant problems. That car license plate only belongs to a traffic sign, if the car license plate into the scope of certificates of state organs, will cause the judicial interpretation of the expansion, therefore, vehicle license does not belong to the certificates of state organ. At the same time, does not have the implicated relation between theft and extortion, but absorption.In the qualitative of the behavior, the author thinks the license plate cable theft of property has great social harm, and in accordance with the constitution of a crime, not only the security regulations for punishment. Theft of vehicle license plate behavior innocent viewpoint clearly inappropriate. Because the automobile license plate does not belong to the "certificates of state organs", this kind of behavior is to be punished for the crime of theft certificates of state organs; This kind of behavior is not in conformity with the constitution of the crime of theft, and blackmail behavior does not constitute the implicated relation, so it should not be convicted and punished as theft.Combined with this case, the suspect’s behavior from the view of criminal intent, the subjective purpose is single, the illegal possession of the property for the purpose of, theft is a crime of blackmail and impose exactions on behavior; From the behavior perspective, the victim has adopted the method of threats or coercion, the act is fully consistent with the provisions of the criminal law of the crime of blackmail and impose exactions on; From the amount of crime, the act constitutes a crime of blackmail and impose exactions on continuous offence, in accordance with the provisions of the "large amount", so the case should be convicted as the crime of blackmail and impose exactions on.Through the full text analysis, the author thinks that theft act constitutes crime of blackmail and imposes exactions on the license plate of asking for money, and put on this kind of crime prevention and control measures, hoping to benefit the legislation and judicial practice, promoting the construction of socialist harmonious society in china.