Empirical Research About The Judical Determination Of Pick-Pocketing

Pick-pocketing,as a kind of special theft crimes,which is prescribed in the Amendment of Criminal Law(VIII).With the model of conviction about larceny being changed,the academia and judicial practical has put forward a new subject for the this new type of theft,which has a far-reaching influence on theft criminal justice.It also provides legal principle for striking pick-pocketing and demonstrates the resolution against pick-pocketing.But after making pick-pocketing a crime,there is not clearly defined between the concept and constitutive requirements.During judicial practice,different understanding,standpoint,angle of pick-pocketing could cause the different trial results.It can be found that we have not reached a unified standard for pick-pocketing,which could cause the judicial and theoretical dilemma.This passage mainly focuses on empirical research about the law of judicial determination of pick-pocketing.First of all,I filed the number of pick-pocketing crimes and the proportion in recent 5 years.By sorting the data which could reflect the status quo of pick-pocketing,I put forward problems about the determination of theft type in academia and judicial practice,the disrepute about the definition of accomplished or attempted crime and the criminal amount.Then,the analysis of this passage is empirical research.I also illustrate the purpose,the feasibility and necessity of it.I establish the sample standard--175 cases of judicial cases in Beijing and have a simple general situation for this article's structure.Then,judical determination of pick-pocketing about the circumstances of judgement of pick-pocketing.I illustrate the conviction plots about pick-pocketing in judicial determination and the identification of "carry" and "public".So I can find the points adopted in the judicial practice.I also present the pick-pocketing relationship between the type of pick-pocketing and other types of theft.And giving my suggestion and analysing the identification of circumstances of judgement under the Principle of Legally.Finally,judicial determination of pick-pocket about the circumstances of sentencing of pick-pocketing.I have a summary of circumstances of sentencing and comparison the relationship between circumstances of sentencing and measurementof penalty.And giving my suggestion and analysing the identification of circumstances of sentencing under the Principle of Crime compatible.This article mainly takes the judicial judgement as main line,hoping to solve the disputable problems on judicial judgement by combing the relevant problems.It is meaningless to argue whether it's reasonable after making pick-pocketing a crime.The top priority is how to understand pick-pocketing,how to define and give a clear concept of pick-pocketing so as to offer accurate and feasible standard to the judicial practice.When the concept is clear and constitutive requirement is confirmed,the criminal pattern will follow naturally.Through the brief summary,my aim is to provide reference for pick-pocket in the judicial application so that it could make a more accurate justification of pick-pocketing.