After the revision of the "Criminal Law Amendment (VIII)",the crime of "pick-pocketing"was prescribed in the criminal law,but because of the special attributes of the pick-pocketing itself and the lack of specific provisions,so that there are many problems of pick-pocketing asserting in the judicial practice.And caused a lot of controversy, which is related to whether the pick-pocketing must occur in the "public place", how to define the "public place" and how to understand about "carry" the property , whether the need to carry the weapon to pick-pocketing and pick-pocketing whether the amount of demand and other factors quite a lot.In order to be able to resolve the dispute and to apply the law of the pick-pocketing better to practice, it is necessary to conduct a deep analysis of the controversy over the case.In the two traditional necessity elements of the pick-pocketing,the "public place" is not a necessary condition for determining the establishment of pick-pocketing, but only one of the important reference factors of the plot.The key to the pick-pocketing lies in the "carry the property",and this" carry " assault is not only the property legal benefits, but also a potential threat to personal interest.we should return to the cognizance of pick-pocketing law under the guidance of the center of gravity to see behind the theft on the diversification of law.It is not only consistent with the essence of pick-pocketing,also can achieve the unity that the cognizance of the pick-pocketing. The key to understanding the property should also carry rational understanding from the origin of the substantive interpretation of the basic principle of the substantive interpretation, established in the law under the guidance of the concept. To make it to the degree of responsibility and the degree of illegal equivalent. Then in the specific judicial practice, we should clarify the status of "public place" and the relationship between "public place" and pick-pockets,and carry the "public place" and "carry" on the basis of grasping the core of identification to identify the organic unity. In the end, the author further puts forward the perfect measures to improve the "pick-pocketing" in the criminal law by the key analysis of the pick-pocketing, and put forward appropriate suggestions to the legislature and the judiciary, hoping to give some effect to the case of pick-pocketing. |