Research On Pickpocketing-type Theft

The newly amended Criminal Law Amendment(8)in 2011 modified the relevant provisions of theft.Since then,pickpocketing has been officially written into China's criminal law for the first time.Since pickpocketing and imprisonment,many problems and differences have been caused not only in academia but also in judicial practice,making judicial work in practice face various difficulties and inconveniences.Since then,related judicial interpretations have been introduced one after another,and although the judicial application of pickpocketing has been improved to some extent,such problems have not been thoroughly resolved,and to a certain extent,the credibility of the judiciary and the authority of the law have been affected.Based on this,the author believes that research on pickpocketing is still necessary.From the perspective of trial practice,this paper collects a large number of relevant practical cases,and sorts,statistics,studies and analyzes them,so as to find difficult problems in the process of judicial application of pickpocketing,and then analyzes the problems in conjunction with the relevant research results in the theoretical world.,Put forward corresponding countermeasures and perfect methods,so as to be able to apply laws more accurately,better fight crime and protect human rights.The full text is divided into three parts:The first part analyzes the status of judicial application of pickpocketing theft.Firstly,the database and case selection of this study are explained to some extent.This case is selected from Wulitian.com,and 400 cases were selected from it as the sample for this study.Then this article is to analyze the sample from three aspects.The first is the situation of the place and target of pickpocketing,the second is the amount of pickpocketing,and the third is the application of the penalty for pickpocketing.Part II: The main problems in judicial application of pickpocketing theft.This part is based on the empirical research data of the current situation of judicial application in Chapter One,combined with the existing theoretical controversies,and analyzes the problems existing in pickpocketing theft in judicial application.The first is that the standards for identifying the elements of pickpocketing are not uniform,and there are differences in the theory and practice of pickpocketing places and objects.The second is that the boundary between pickpocketing in criminal law and general illegal acts is unclear,and judicial practice tends to criminalize pickpocketing.Finally,there are theproblems of low non-custodial penalty rate and sentencing deviation for pickpocketing.Part III: Perfection of the application of pickpocketing theft.Based on the empirical data in Chapter 1,and combining relevant theories of criminal law,this part puts forward corresponding suggestions for the problems in judicial application.The first is to accurately identify the constituent elements of pickpocketing.Secondly,a clear distinction is made between pickpocketing in criminal law and pickpocketing in general illegal acts,and the use of provisos to regulate pickpocketing and quantify the standard of pickpocketing.The last is to improve the application rate of non-custodial sentences and improve the application of sentencing rules.