Deconstruction Of Pick-pocketing-type Theft

Since "pick-pocketing" was incorporated into the criminal law,it has aroused the attention of both academic and practical circles.Although more than seven years have passed,the specific issues related to pick-pocketing still need further carding and deconstruction.This thesis tries to explore the issues related to the pick-pocketing-type Theft,and can be divided into four parts:The first part is the carding and introduction of the background related to pick-pocketing.Taking the Criminal Law Amendment(?)as a time division,the legal provisions and application of pick-pocketing before and after the promulgation of the Criminal Law Amendment(?)are introduced and hackled in detail in order to clarify the legislative evolution process of pick-pocketing.By reviewing the formation of the concept of pick-pocketing,this thesis endorses the definition of pick-pocketing in the "Interpretation of the Supreme People's Court and the Supreme People' s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft":"If someone steals the property carried by others in public places or public transport,he or she should be considered as 'pick-pocketing';and it is necessary and reasonable to define the pick-pocketing as crime."The second part is the deconstruction of the objective elements of pick-pocketing.The objective elements of pick-pocketing consist the following two aspects:First,the property of pick-pocketing should be worthy of criminal law protection and be with carry-on possession.Subject to the characteristics of pick-pocketing in the victim's close-knit property,pick-pocketing is targeted at physical property.Without physical and property interests,it is difficult to sentence a pick-pocketing behavior.Second,pick-pocketing should take place in public places.The third part is the interpretation of several important issues related to pick-pocketing.Firstly,the "pick-pocketing" and"carrying weapon on theft" in the expression of burglary should be interpreted as a parallel relationship.Secondly,pick-pocketing does not require secrecy and technicality.Thirdly,pick-pocketing does not require the perpetrator to be habitual.Finally,pick-pocketing objects are not limited to small items.The fourth part explains the judicial application of pick-pocketing from the relationship between pick-pocketing and Article 13 of the Criminal Law as well as the accomplice' s angle.This thesis maintains that Article 13 of the Criminal Law should be fully exerted to apply the stipulations of pick-pocketing to avoid excessive expansion of pick-pocketing.In the determination of theft accomplice,it is necessary to distinguish different situations and determine respectively whether to establish a joint crime.