Case Analysis Of The Hostage Taking

In judicial practice,there is a great controversy on whether the theft of the hostage taking charge constitutes the crime of theft,which is not only the practical reasons for the different standards of the trial,but also the dilemma of the traditional theory of criminal law in the face of the new problems.Therefore,the research on this issue has a strong practical significance and theoretical research value.Through a court hearing of a case of theft together,trying to analyze the "retrieval" of the collateral in the crime of theft of the existence of the controversial issues in order to explore a better way to work for the guidance of practice.The case is just one of the cases I ownership stolen property possessed by others of the angle,namely from Xi a steal back to my pledge case and analyzes the basic facts of the case,the differences of opinion and the trial results are introduced.Then the detailed analysis of the controversial issues of the conviction of the hostages,including the dispute of the object of the crime of theft,the validity of the act of pledge,the dispute of the purpose of illegal possession.After the detailed analysis on the focus of controversy,thinkthe current situation should be strictly in accordance with the criminal law will be the object of larceny is defined in the "private property";provisions on pledge contract law but mandatory regulations,violation of this provision has not signed a written contract does not necessarily lead to the identification of invalid;Xi a whether the purpose of illegal possession in he confessed,should be the objective of presumption of subjective purpose.Finally,the conclusions of the research,Xi does not constitute a theft.