Consolidation And Introspection On The Pick-pocketing Crime From The Perspective Of Legal Dogmatics

According to the law,judicial interpretation and the current criminal law doctrine,"pick-pocketing" is a typical type of theft.However,what is the exact meaning of "pick-pocketing" as a typical type of theft crime(such as how to define "pick-pocketing",how to identify the crime of pick-pocketing,and how to distinguish between pick-pocketing crime and non-crime,etc.),Although the current criminal law textbooks have a lot of discussion,they are still in chaos.Judicial judges have different opinions on related issues.Cases such as "Someone was sentenced to three months of detention for shoplifting one dollar" and "Someone was sentenced to six months in prison for shoplifting one dollar" abound.There are frequent trials of chaos in practice.In view of this,on the one hand,the author explores the original meaning of pick-pocketing by combing the legislative regulations and academic research on pick-pocketing in the legislative and theoretical circles.On the other hand,the author interprets the meaning of pick-pocketing in the 2013 judicial interpretation to clarify the constitutive elements of pick-pocketing crime.On this basis,the author attempts to clarify the internal logic of pick-pocketing crime and reflect on the existing problems in the legislation of pick-pocketing crime.This article includes four parts.The introduction mainly introduces the research necessity of effectively regulating pick-pocketing,some problems existing in the identification of pick-pocketing crimes,and the current research status of scholars.In fact,it clarifies the author’s basic position and train of thought,that is,to regard the effective regulation of pick-pocketing behavior as the starting point and foothold of the research,and this basic idea runs through every part of the article.First of all,to effectively regulate pick-pocketing behavior,it is necessary to clarify what the pick-pocketing behavior is.This is the main issue discussed in the first chapter of this article,which is to explore the original meaning of pick-pocketing behavior through the sorting and summary of the previous legislation and literature on pick-pocketing.Specifically,the first three sections of this chapter sorted out legislation and academic research on pick-pocketing,and concluded that "pick-pocketing not only includes the act of stealing other people’s belongings,but also the act of stealing other people’s properties secretly in public places." The fourth section of this chapter mainly demonstrates and reflects on the basis of the previous three sections,and concludes that "the illegal act of pick-pocketing is the act of stealing property from others,and the crime of pick-pocketing is the act of stealing others in public places.The difference between the two lies not only in the public places,but also in the degree of harm of the behavior".Secondly,the effective regulation of pick-pocketing requires a clear definition of the current legislation.Therefore,the second chapter of this paper starts from the definition of pick-pocketing in the judicial interpretation in 2013,and combines the description of pick-pocketing crime in the Amendment(VIII)to the Criminal Law,and interprets the constitutive elements of pick-pocketing crime from the perspective of legal dogmatics:(1)the subject of the act is the general subject;(2)pick-pocketing is the act of stealing other people’s belongings in public places,the core features of public places are that the right to use belongs to the public and the admission of non-specific and majority people,including not only absolutely unspecified public places,but also relatively unspecified public places,such as supermarkets that can be entered with a membership card;(3)the object of behavior is the property carried by others,and the connotation of carrying can be summarized as being within a safe distance and being touched by their body anytime;(4)the crime of pick-pocketing is the offense of act.The result of the crime is the danger of the infringement of legal interests,that is,when the doer carries out pick-pocketing and reaches a certain degree of harm,the crime can be accomplished;(5)the perpetrator is subjectively intentional and has the purpose of illegal possession.Third,on the basis of clarifying the target and means of regulation,the focus of effective regulation of pick-pocketing is the effectiveness of the means to the target.The third chapter of this article discusses the regulatory effects of criminal law on pick-pocketing from the perspective of the basic principles and theories of criminal law.The first section of this chapter discusses the source and extent of the illegality of pick-pocketing from the perspective of punishable illegality,and concludes that "the illegality of pick-pocketing is minor and has not yet reached the level of criminal penalties,so it is not appropriate to apply criminal laws." From the perspective of the clarity of the criminal law,the second section draws the conclusion that "the criminal law system not only fails to clarify the connotation of pick-pocketing,but also makes it difficult to distinguish the crime of pick-pocketing from the non-crime";the third section of this chapter starts from the perspective of the modest nature of the criminal law,and draws the conclusion that "the criminal law is expensive and has no obvious effect,and the pick-pocketing behavior cannot be objectively identified and fairly dealt with." In summary,the final conclusion can be drawn that the illegality of pick-pocketing has not reached the level of criminal punishment.On the one hand,the crime of pick-pocketing violates the principle of clarity of criminal law,which leads to the confusion of the connotation of pick-pocketing,and the confusion of the distinction between the crime of pick-pocketing and the non-crime.On the other hand,it violates the principle of modesty of the criminal law.It not only consumes a lot of judicial resources,but does not achieve a very good supervision effect,and can not make the behavior of pick-pocketing objective recognition and fair treatment.Therefore,it can be considered that the crime of pick-pocketing is not necessary,and it is more appropriate to regulate pick-pocketing behavior by the law on penalties for public security administration separately.