非法获取他人盗窃财物行为之法律定性.pdfVIP

Abstract Theft, fraud and extortion are high rating crimes in judicial practice. These crimes belong to the crimes of natural persons which require subjective intention as a component and they violate the public and private interest for the purpose of illegal possession. Objectively speaking, act of theft, act of fraudulent and act of extortion are the harmful acts prescribed by law. In the judicial practice, the typical crime of theft ﹑fraud and extortion are relatively easy to distinguish, but in some difficult complex cases, behavior of theft ﹑fraud and extortion tend to tangle with each other which makes them difficult to be distinguished. Based on a property violation case of Wang and Ma, this paper investigates relative theoretical issues via comparing the essential differences on essence of crime between theft, fraud and extortion and especially analyzing the act of intimidation and act of disposition to sort out the qualitative 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 of the 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 on relative theory from home and abroad, the author first conducts a study on the comprehension and determination of the objective crime elements of theft ﹑fraud and extortion and then puts forward his own view from academic aspect. The third part is the conclusion of the case. Basing on the investigation on relative theory and current laws, the author come up with a reasonable conclusion through conducting an academic analysis on this case. The fourth pa