Research On Pick-pocketing Of The Cirme Of Theft

As an important type of violation of property crimes, the crime of theft haschanged a lot in determining the crime and sentencing standards, also includingseveral new types since The Criminal Law of the People’s Republic of China has beenmodified for several times. As one of the new type of theft, pick-pocketing isofficially classified as the scope of the criminal law in the8th Amendment ofCriminal Law. The latest judicial interpretation further explains its definition: thebehavior of pick-pocketing others carrying possessions in public places or publictransport. But for the cognizance of the crime, there are rare theory research and lotsdifference in the judicial practice. So it is very important to study the historicalevolution and interpretation of pick-pocketing.Legal sanction against pick-pocketing is becoming more and more serious. Thepunishment changes a lot from the administrative penalty to criminal punishment.Comparing the pick-pocketing with other type of theft is very important. If theproperty of pick-pocketing does not reach relatively large standard and thecircumstances are serious, the behavior shall be sentenced as theft based onpick-pocketing.If the property of pick-pocketing reaches relatively large standard,the establishment of the theft crime can be either pick-pocketing into sin, also canconsider the amount into sin. Repetitious theft includes pick-pocketing which can notbe sentenced into sin independently, on the contrary the theft with weapon andburglary does not include pick-pocketing. There are several defects of currentlegislative of pick-pocketing such as the act of sentencing all pick-pocketing in to sinis not conducive to humanitarian thought of criminal law and can cause the conflictbetween the specifications. To solve these defects, further defining the concept ofpick-pocketing especially the characters of public place, carrying property, premisingcondition of pick-pocketing in punishment clearly and controlling the scope ofpick-pocketing punishment are necessary.