Legal Qualitative Analysis Of Illegally Obtaining The Stolen Property

Theft, fraud and extortion are high rating crimes in judicial practice. These crimes belongto the crimes of natural persons which require subjective intention as a component and theyviolate the public and private interest for the purpose of illegal possession. Objectivelyspeaking, act of theft, act of fraudulent and act of extortion are the harmful acts prescribed bylaw. In the judicial practice, the typical crime of theft﹑fraud and extortion are relatively easyto distinguish, but in some difficult complex cases, behavior of theft﹑fraud and extortiontend to tangle with each other which makes them difficult to be distinguished. Based on aproperty violation case of Wang and Ma, this paper investigates relative theoretical issues viacomparing the essential differences on essence of crime between theft, fraud and extortionand especially analyzing the act of intimidation and act of disposition to sort out thequalitative issues and difficult points of the case. This paper is divided into four parts:The first part is the introduction of the basic details of this case. Origin and process ofthe case, differences in opinions and focuses of the dispute can be found in this part.The second part is the legal analysis of the related problems. Through investigation onrelative theory from home and abroad, the author first conducts a study on the comprehensionand determination of the objective crime elements of theft﹑fraud and extortion and then putsforward his own view from academic aspect.The third part is the conclusion of the case. Basing on the investigation on relative theoryand current laws, the author come up with a reasonable conclusion through conducting anacademic analysis on this case.The fourth part is the enlightenment from the study of this case. It summarizes thedetermination issues of this kind of cases in order to provide a reference for dealing with suchcases in the judicial practice.