论公然平和取财行为的定性-法律(法学)专业论文.docxVIP

II II Abstract In China’s criminal theory circle and judicial practice, the elements of the crime and the distinguishing mark of all kinds of property crime cases have been the focus and difficulty of the study .However, the qualitative problem of the act of gaining property with gentle and undisguised method has been a difficulty to solve and deal with in criminal law community in recent years. Throughout the various theories and research,there are two types of opinions about the qualitative problem of the act of gaining property with gentle and undisguised method basically: theft principium and robbing principium. On the basis of analysis of the elements of the crime of theft and snatch，compare of the two doctrines in order to conduct an accurate qualitative to the act of gaining property with gentle and undisguised method and provide a unified standard for the conviction and sentencing to the behavior. From the definition of the act of gaining property with gentle and undisguised method, it means that the perpetrator takes a method which can let the victim instantly discover to illegally obtain the possession that is occupied and dominated by the victim but the contraband without using violence, coercion and other means of coercion The definition for the act of gaining property with gentle and undisguised method provides a basis for the qualitative of the behavior.The theft principium has the view that the act of gaining property with gentle and undisguised method should constitutes theft .Firstly,the act is a gent manner but violence to property, so it does not meet the requirement of the snatch sin existing violence towards property .Secondly,the behavior’s public characteristic is in line with the concept of public theft principium .Lastly,the theft principium can reasonably explain the peaceful means to take fiscal carrying murder weapon. However, there are some defects in theft principium because the matter of violence is just a selective but n