Pickpocketing Type Theft Crime Cognizance And Treatment Of Difficult Problems

In the city with rapid economic development,pickpocket is very common,which makes people’s life and property seriously affected,the public safety of the society is not guaranteed,and it brings instability factors to the society.The people who have been infringed on this act are deeply abused,but there are certain disputes in the law about the definition of pickpockets and the conviction and sentencing of them.There is a big problem for some theft.In 2011,the new criminal law amendment(eight)was amended in accordance with the relevant regulations on the crime of theft.The state has given a resolute blow to this kind of behavior from the legislative level,which is specifically reflected in the separate division of pickpockets into the crime.In recent years,there are certain objections in the conviction and sentencing of pickpockets.This article will discuss the reasonableness of the crime of pickpocket behavior on the basis of the relevant legal theories and the main disputes in the actual cases of the specific conviction and sentencing.In detail,the solution of the dispute includes such aspects as: defining behavior as a standard for pickpocket amount;whether the point of a case must be a public place;whether the object of the case is only aimed at the belongings they carry;what is the characteristic of the means of pickpocket;the composition of the composition of the pickpocket is the same as that of other forms of theft.In order to study the theft crime cognizance and related problems,this article mainly launches from the following three parts:First of all,according to the existing legal documents to summarize the elements of the constitutive elements of theft type theft,through the comparison with the general theft,from the location,frequency,the degree of danger,the main characteristics of the theft,to summarize the characteristics of theft type theft.As for burglary theft,although the criminal law amendment(eight)formally writes the theft of pickpocket into the criminal law,there is a wide dispute between the theory and practice of the crime of pickpocket entry.Different scholars hold different views on whether they are regulated by administrative penalties or by means of punishment.Opponents believe that such a frequent,low threshold and low amount of crime,if incorporated into the criminal law system,will cause a waste of judicial resources.In this chapter,the author mainly analyzes the rationality of the crime by analyzing the object and subjective aspects of the crime of pickpocket,as well as the effect of the crime prevention.Secondly,due to the frequent theft of theft,in practice there are a variety of forms,it also brings a lot of problems.The first thing to bear in mind is that the crime of pickpocketing theft has made the crime classified as a behavioral offender,and it has the suspicion that it is suitable for offense and punishment.In addition,there is also a problem of identification of theft.It is controversial whether it is property,carrying or space.Finally,the amount and circumstances of pickpocketing,and the criteria for accomplishment and attempt are also key issues in practical operation.Finally,based on my own judicial experience and literature analysis,I try to solve the above problems.In particular,with the analysis of the previous article,this paper makes a systematic analysis of the elements of the crime of theft of theft,the application standard,the amount and the plot,so as to provide effective guidance for the practical and effective solution of theft type theft.