Study On Issues Of Pick-pocketing Of The Crime Of Theft

Recently,the judicial practice and scholars of the pick-pocketing theft is still controversial in the understanding of some problems,this also leads to disunity and generalization of pick-pocketing standards in the practice of the trend.So we need to study these disputes,clear the related factors,provide a useful reference for the future of the judicial application of pick-pocketing.This paper first through a combination of judicial interpretation and different academic point of view,the pick-pocketing was defined,clearly has the characteristics of pick-pocketing.The pick-pocketing legislation especially before the legislation dynamic,reflect the pick-pocketing behavior into the punishment basis.Then introduced the existing pick-pocketing theft in judicial practice problems.Mainly expounds three problems in the judicial practice: difficult to define the scope of public places,understanding the differences and carry on the judgment of pick-pocketing crime caused by different value orientation to the application of judicial practice deviation.By analysis on the basis of the foregoing of pick-pocketing crime in judicial recognition dilemma.Introduces the legislative defects and pick-pocketing theft penalty in practice apply different standards.Put forward the solution to the problems mentioned above.The defect on the steal into the criminal provisions of the perfection in legislation.The judicial cognizance standard should be unified,to clear the theft belongs to the consequential offense,while focusing on the influence of proviso clauses of the general provisions of criminal law on theft identification and specific sentencing.The key point to analyze the structure elements of pick-pocketing,namely public places and carry the legal standard of pick-pocketing theft clear.In addition to whether there should be limits on the amount given the clear identification of the scope of pick-pocketing effectively defined.