| In recent years, frequent high incidence of pickpocketing behavior, a serious violation of property and personal safety of the people, caused widespread concern in the public. In order to strengthen the protection of the people’s livelihood, to adapt to the actual needs of the fight against crime, "Criminal Law Amendment(eight)" will be defined as a crime increase pickpocketing, theft legislation clearly it is not the amount of restrictions, such as a crack down on crime and provided strong support. However, china’s criminal legislation pickpocketing there are still some shortcomings, "public places", "public transport", "carry" finds no clear legal provisions, there is a big knowledge judiciary differences. Meanwhile, in judicial practice, based on the implementation of The Criminal Justice Policy and the prevention of attack is too great to consider, local prosecutors, law authorities without special episode of pickpocketing behavior, and more require certain restrictions pickpocketing amount, serious constraints and impact the effect of punishing theft crime.This article aims to analyze the current status of the criminal judicial of pickpocketing, find out where the problem lies pickpocketing crime legislation, and the use of the criminal law the basic theory, put forward ideas and measures to improve judicial.The text is divided into five parts, totaling 20,000 words.The first part discusses the purpose and significance of the investigation. In order to clarify the operating difficulties in judicial practice, I carried out this investigation for promoting research and correct understanding and application of pickpocket crime theory and practicality.The second part discusses the survey method. Consulting data, case files and other methods to investigate the pickpocketing criminal justice practice in Chongqing.The third part discusses the results of the investigation. Through the analysis of the survey data, pickpocketing crime has diversified criminal means, criminal target personal and other characteristics while presenting the trend of organization and violence. By comparing the conviction criterion of all over the country and all districts and counties of Chongqing, we can found that the standard in the process of pickpocketing is confusing and arbitrary.The fourth part discusses the analysis and discussion. Analyzing the conviction criterion of pickpocketing and the difficult issues of judicial determination in detail, and then put up my own opinions of the meaning of "public places", "public transport", "carry", distinguish between ordinary theft and pickpocketing, the accomplished offenses and attempted crime of pickpocketing and so on.The fifth part discusses conclusions and recommendations. There are some deficiencies of the provisions of criminal law for pickpocketing: the conviction criterion of pickpocketing is not specific and the standard of the accomplished offenses and attempted crime is unclear. Make recommendations to address these problems, setting the starting point of determining criminal to 200 yuan and enumerating the circumstances of accountable when the proceed is less than 200 yuan. |