The Criminal Research On Pickpocket Crime

Criminal law amendment(eight) added to stealing pick-pocketing crime to be punished for the crime of theft. Criminal Law Amendment(eight), in the judicial practice have appeared in large numbers of the standard of pickpocketing case to punishment fits the crime is not unified,has directly affect the judicial justice. Problems mainly concentrated in four points: one is the pickpockets punishment after understanding provisions inconsistent, leading to various places have different practices;The second is the cognizance standard of pick-pocketing controversial; Three is a big crime whether to controversial are constrained by the general provisions of the criminal law and restriction; Four is to form of pick-pocketing problem, whether behavioral offence or the results of controversy, as well as to the form of pick-pocketing problems and the accomplished and attempted of pick-pocketing controversy. Theft in April 2013 issued new judicial interpretation, the problem is still not fully resolved.As pickpocketing criminal law and judicial explanation is not perfect, it brought difficulties to the judge trial. The first part of this paper first generalizes the legislative evolution of pickpockets crime and explore, know as the premise condition of pickpocketing type of theft, secondly, describes the background pick-pocketing into sin, the article thinks this is adapt to the inevitable requirement of social development, but also because of pick-pocketing with special social harmfulness, and only the administrative punishment is not effective to deter pick-pocketing. Because at the end of the paper introduced the revised “Criminal Law” the 264 th understanding different led to the judicial status of processing of pick-pocketing differ greatly. Article in the second part of the first section introduces the academic circles there are three kinds of definitions of pickpocketing, through comparison and analysis, this paper argues that projects judicial interpretation to define pickpocketing is more scientific and accurate. The second section introduces the pickpockets overtly, frequent and close, TuanHuoXing four characteristics. The third section introduces the pickpockets the relationship with other theft, so that accurate pickpocketing crime. This article third chapter for pickpockets crime in the judicial application of the four major problems in the different academic views the list one by one. Finally, the third chapter article four problems of a took a position as well as the reasons. According to the article about the provisions of the criminal law provisions, theft, a burglary, theft crime with lethal weapons, and many times is a parallel relationship between pickpocketing, not restricted by each other crimes. Secondly, in terms of pickpockets the cognizance of the crime, the location of the implementation of pick-pocketing should start from the point of view of the substantial interpretation, is guided by the criminal law to protect the legal interests direction, not only to determine the component elements of a crime according to the literal meaning; Pickpocketing behavior object must also have value or exchange value; Pickpockets in the definition about carrying property should be limited to bring in the body. Again, pickpocketing the cognizance of the crime should also be restricted by general provisions of the criminal law. At the end of the paper think the results of pickpocketing crime is committed, the cognizance of crime form should also be in the great scope to theft has practical significance.