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The Pickpocketing Of The Criminal Law

Posted on:2015-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:X HuFull Text:PDF
GTID:2296330434450694Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The Amendment Ⅷ to the Criminal Law of the People’s Republic of chinabegan to carry out in1st May,2011. Pickpocketing as one of the new statutory countsof theft, was officially written into the Criminal Law. Pickpocketing experienced aseries of legislative history, from the early pickpocketing purposes only takeadministrative punishment or reeducation through labor, to clearing the amount ofcrime of theft, to ensure the number of crime as a condition of incrimination, andfinally the "Criminal Law Amendment case "the pickpocket theft counts as onedirectly. However, since the Criminal Law only provides pickpocketing incriminatingacts independently, the Criminal Law did not described and illustrated the concept ofpickpocketing, behavioral structure, forms, incriminating standards, which causedcontroversy theorists debate on the concept of pick-pocketing and the comprehensionof the relevant criminal law provisions.The theory of pickpocketing behavior will directly determine whether a type ofbehavior may constitute pickpocket theft, crime or an act related to the boundaries ofthis crime and other crimes. Firstly, the concept of the right to define the behavior ofpickpocketing. The author describes the typical display of several current theory aboutthe existence of the concept of pickpocketing behavior, and its comparative analysisdiscussed in the current reality, how to define the behavior of pickpocketing isreasonable, in order to more good guide judicial practice. On this basis, the author andformer pickpocket from the subjective and objective aspects of criminal behavior intoseparate punishment for pickpocketing Pickpocketing discussed the plight of theindependent into the penalty is reasonable. To accurately define pickpocketingbehavior must also be explicitly constructed pickpocketing behavior, from the way Iact pickpocketing, pickpocketing behavior object, three places pickpocketpickpocketing behavior of structural behavior is analyzed. The last part is identifiedpickpocketing behavior. Firstly, we must have a clear criminal law pickpocketpickpocketing behavior and general behavior of the boundaries of the law, namely toexplore the behavior of pickpocketing incriminating standards; Secondly, we need toproceed with the analysis of the behavior of pickpocketing. Once again, the limits ofpickpocketing behavior and related behaviors. One of the necessary conditions tocarry weapons than pickpocketing behavior, weapon not static mode, but due todifferent charges, different periods, with relatively flexible and rich connotations.Finally, the distinction between grabbing and pickpocketing, pickpocketing for peaceto take money, while grabbing of violence against the requirements.
Keywords/Search Tags:Pickpocketing, Larceny, Behavior of structures, Identified
PDF Full Text Request
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