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"Pickpockets"Behavi Or Punishment Issues Research

Posted on:2015-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:T SunFull Text:PDF
GTID:2296330473956253Subject:Law
Abstract/Summary:PDF Full Text Request
Pick-pocketing as the new \"criminal law amendment (eight)\"stealing one of legal charges, was formally written in criminal law. From pickpockets in the legislation history of sin, by the early of the small amount of pickpocketing for administrative punishment or the processing of reeducation through labor, only to the provisions of the amount further, to the specified number of standard conditions for the sin, until the \"criminal law amendment (eight)\"directly to \"pick-pocketing\" as one of the larceny behavior in criminal law, the amount is no longer needed, the limit, the number of pure pick-pocketing can into sin, has experienced a series of pick-pocketing legislation evolution. Due to its serious social harmfulness and pick-pocketing subjective vicious, is absorbed into the category of the adjustment of the criminal law, existence the necessity of the crimes, but also conform to the requirements of our criminal policy of tempering justice with mercy. Pickpocketing directly crime despite its necessity, meet the requirements of the criminal policy concept of catering to the law of the people, but there exist many problems in the concrete judicial practice and controversy. \"Pickpockets\" lack of specific standards, does not require the amount and the limit of the number of all the crimes, blurring the administrative punishment and criminal punishment of criminal law system in our country boundaries, make the administrative punishment on pick-pocketing is built on stilts, both difficult to connect. Pickpocketing into sin too wide generalization,’and take up a lot of judicial resources, makes the reality of judicial resources is difficult to undertake the mission of pickpocketing prosecuting crimes, easy to cause selective law enforcement and other issues. Want to get rid of the predicament, puzzle, realistic countermeasure is a clear definition of the concept of pickpocketing and specific standards of behavior. Strict will \"pick-pocketing\" in the scope of \"public\" is limited to no specific most people can enter and stay, require implementation at the same time people have \"no specific most people\" factors. Specific property \"carry\" range limited to \"the body of the victim in or placed in it at any time can be used to control the property\". The author believes that the criminal law amendment (eight), to no longer do pick-pocketing limit on the amount, does not mean that pick-pocketing is not subject to any limitations, in no case shall the crime, the punishment of pick-pocketing are still guided by general provisions of the criminal law, crime of plot mild, harmless to use \"but\" provisions of article 13 of the crime, and further to specific what situation belongs to \"significant slight\" scenes, the minimum standard of conviction penalty pickpocketing, put forward the corresponding legal advice.
Keywords/Search Tags:pickpockets, crime, The judicial disputes, Realistic countermeasures, Judicial proposal
PDF Full Text Request
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