Behavioral Definition Of Acquire Properties By Peaceful And Openly Means

Generally,theft,robbery and fraud are not difficult to distinguish between the three,but in some of the complex cases of theft,robbery and fraud,there may be fraudulent means,peaceful means of blatant money-taking behavior,which makes the qualitative problems in theory and practice are controversial.This article takes Wang through the fraud means,the passenger is not prepared to take the victim’s non-close property case as the entry point,on the basis of comparative analysis of domestic and foreign relevant criminal law theory,in-depth and systematic analysis of the blatant peaceful means financial behavior qualitative.This paper is divided into five parts.The first part,introduces the basic case,respectively explains this case Wang behavior separately recognizes as the theft,the snatch,the fraud different viewpoint.The second part,discusses the related legal principle question,clearly what is peaceful means,what is openly take money,in addition,through the analysis of the property transfer,possession,control to prove that the case of Wang should not be considered as fraud.The third and fourth parts,on the blatant theft and traditional robbery two theories,first demonstrated that blatant theft is derived from the German and Japanese criminal law,but this theory is not consistent with the legal system of our country,the legal interests protected by the crime of robbery must include property rights,but not the right to life and health.Secondly,from the point of view of law and judicial interpretation,we compare the standards of crime of larceny and robbery,so as to prove that the crime of robbery should be more important than the crime of larceny,and the evaluation of part of the act of flagrantly taking money by the crime of larceny does not completely put the flagrant disregard of the behavior to the social management order into the law;In addition,from the aspects of the evolution of the relevant provisions of the criminal law of our country from ancient times to the present,the relevant provisions of the extraterritorial criminal law on the crime of invading money,the interpretation of the literary meaning of robbery,theft,the public understanding and judicial practice,the theory of blatant theft does not match the present judicial situation of our country,and it also shows that the secrecy of theft in the traditional sense and the blatant nature of robbery are relative to the victims.The fifth part shows that because of the lack of relative secrecy,the act of taking money openly by peaceful means should be regarded as the crime of robbery,and finally return to the case at the beginning of the article to prove that Wang act of taking money openly by peaceful means should be regarded as the act of robbing.