A Study Of Judicial Appliciation To Pickpocketing

From the perspective of interpretation theory, after the pickpockets was written into the criminal law, the most important question between criminal law theory and judicial practice now is how to understand and appropriate to the regulations of "Pickpocketing"。Pickpocketing caution into the penalty, reasonable definition controversy pickpocketing connotation substantive criminal law is the first step towards, how to set limits or expand the scope of the penalty is the second step requires careful considerations。In this article, first elaborated about punishment of pickpockets in criminal law and the voice of criticism since the criminal law amendment (eight) was carry out, collect concludes the actual specific conditions in the process of judicial application, learning and reference to other scholars point of view, put forward the definition of the concept of pickpocketing theoretical basis; then from the "public place","carry","steal amount""habitual or not" four angles to understand of the theft, and for further identification; at last acts against the theft of five types of criminal provisions between the type of behavior from each other applies to the relationship between the spatial analysis of each applicable difference, then explore the specific criminal acts involving competing fiscal treatment-related sector of pickpocketing and difficult, for example, ordinary theft, carrying weapons and snatch theft competing。Pickpocket into criminal behavior pickpocket legitimacy lies with the more serious violation of legal interest, which is the essential attribute of a crime lies。Pickpocketing behavior not only of property rights, personal rights and public order multiple violations, and greater subjective vicious pickpockets, and pickpockets into the existing law is facing criminal pickpocket act "incidence rate, the punishment of the small" dilemma filled。 Pickpocketing is a steal at public places or transport behavior of others to carry belongings, for public places need to consider the extent of the judgment places open to the public that the degree of freedom and out of places open space range, that permit different places within the region freedom of access to the public, staff mobility features that people do not have a specific composition and characteristics of high staff mobility; portable nature of the property should be done substantial explanation should not be limited only to the case of direct contact with the body’s belongings, and to consider closely the substance of the relationship between property owners and property; pickpocketing offenses established principle should limit the amount; incriminate constitute the crime of pickpocketing people need to consider the behavior of dangerousness, subjective vicious, For the first offense, Oufan, minors can be fined no other circumstances should leniency。Criminal Law Amendment (eight) the "large amount of theft","multiple theft","burglary","Lethal Weapon theft" and "pickpocketing" tied for wrongful type of theft, one count of belonging for the same legal punishment, suggesting that the legislation is to give the same type of five theft negative evaluation and criticism. Thus,the degree should be the extent of lawless pickpocketing with another type of behavior embodied in four roughly equal, that pickpocketing into criminal wrongdoing and the other four types of standard incriminating fairly basic, but the lawless perspective allows focused。...