Determination Of Pick Pocketing In Theft

Rampant pick-pocketing and common in recent years, a serious violation of the citizen’s personal and property security, disrupts the order of social life, greatly influenced the folks who travel and life security, and therefore, pickpocketing punishment with the necessity of reality. Take effect on May 1,2011 in our country, the implementation of the "criminal law amendment (eight)" article 39 regulation "amend the article 264 of criminal law to public or private property theft, large amount of, or theft, a burglary, theft crime with lethal weapons, pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or independently be sentenced to a fine." Since then, "pickpocket" has the sense of criminal law."Criminal law amendment (eight)" will be separate into pick-pocketing punishment, but, there will be no ordinary theft amount demand also broke through the original legal restrictions on number, plot and other rules, thus puts pickpocketing and large amount of ordinary burglary, theft, many times, carrying a weapon a burglary theft in parallel position, embodies the criminal law of pickpocketing efforts to further expand.The word "steal" is the result of investigation, and criminology, and is not strictly a punishment law terms, but idiomatic vocabulary of police when the job is summed up, and so on laws and regulations or other normative documents and academic interpretation, not to make a clear definition of pick-pocketing reason pickpocketing in all cases, there is no lack of among them have differences of conviction and even chaos.In view of this, the latest of the supreme people’s court, the supreme people’s procuratorate about theft criminal cases to explain some issues of applicable law to define the pickpockets, pickpocketing is to point to in public places or public transportation to stealing others to carry on the property. Therefore, "public" and "steal others carry property" has been decided that the core elements of pick-pocketing.Public places include public transportation, its essential feature is the height of the liquidity of personnel and personnel of the specific qualitative, has nothing to do with the number of how many. Carry property refers not only to other people with in the body also include in the property of the nearby, in the property of the nearby real disposable theory should be adopted. Don’t need a secret theft of pick-pocketing in objective aspect, does not need to be by technical means, do not need to have routinely.Theft is a violation of property crime, pickpocketing is a kind of results, so the value of the property in the pickpockets when play a key role. Using the value of the property in China, including objective or subjective theory of value, economic value or property as long as it is with objective or subjective value, economic value have neither objective nor economic value subjective value of the property cannot be regarded as the object of pick-pocketing. Not all has the value of the property is the object of pick-pocketing, only worthy of the criminal law protection of property is the object of pick-pocketing.Pick-pocketing is attempted that controlled by general attempted theft both theory that says, obtained the property value of pick-pocketing very slightly not worth of criminal law protection, can only be attempted as pickpocketing. For attempted pickpocketing, punishment of the criminal law is only if the circumstances are serious behavior.Pick-pocketing is a theft, and other kinds of theft, but it is different from other kinds of theft. Although the judicial interpretation is given form places of pick-pocketing elements and objects, but in the judicial practice there are still many problems need to be discussed on the concrete determination. This paper mainly analyzes the characteristics of pick-pocketing, starting from the definition of pick-pocketing, analyzes the composition of pick-pocketing gradually, unfinished form of pick-pocketing, thus to investigate pick-pocketing.