| In recent years, organized civil anti-pickpocketing activities carried out in full swing in various areas, in view of this rampant acts we all abhor of. Although several areas had formulated Connection Ordinance" which confirmd the right of helping others in some extent and reduced the needless losses of helper, in connection with acts that have the most duplication of the " Penal Law," " Criminal Procedure Law". In the existing legal system, citizens organized to take the initiative to stop this illegal property rights of citizens against criminal acts but not the right to be fully affirmed. At the same time organizations of civil anti-pickpocketing are questioned with all kinds of problems, from actors to the main authority, and even the legitimacy of the form of organization has become questionable content.At present, most scholars believe that civil anti-pickpocketing behavior can be based on the existing "Criminal Law" and " Criminal Procedure Law", "General Principles of Civil Law" and other relevant laws and regulations to adjust. Therefore, we act on the civil anti-pickpocketing to look for a moral sentiments as the keynote discussion. It is an important manifestation that the provinces and municipalities in connection with the acts of legislation can be regarded as a legal and moral behavior. Moral of the specific expression of interest in the community, has developed a wide range of complex relationships. Moral of interest as a self-spontaneous order, from the nature of things produced by the regulations, it perform that the moral interests in certain social and material conditions of life under the direct, produce and customary claims , as it directly from the profound social and economic life, and socio-economic relations more closely linked with the objective inevitably nature, as reflected for a comfortable since the existence of the statute system. Therefore, we are in the people-to-people relations discussed by the civil the moral behavior, the fact that ethical relationship of the interests of specific embodiment no doubt that such acts have a strong sense of morality and the interests of in which the pattern. Anti-pickpocketing acts and is the driving force comes from the power of the spirit, the spirit of this nature, the relationship between the metaphysical final adoption of specific tangible existence of the relationship between the performance of the existence of a reality, it is precisely because of this, the interests of morality as if it is the concept of, and civil anti-pickpocketing moral attributes will be so visible presence.As mentioned in the preamble, civil anti-pickpocketing behavior is one of the performance of connection, although their actions reflect a considerable degree of moral, the behaviour patterns of civil anti-pickpocketing has developed to the present situation, it is not a simple moral strength to do the adjustment, which is the legal difficulties that: civil anti-pickpocketing act has become a legal issue. Humanity is considered as a moral basis, but the law is based on basic human rights.Moral values is not only a vision, but also has the reality, and the law on the value orientation is more realistic. Civil anti-pickpocketing organization development to the present situation, not only in human nature embodied in the basis of moral justice, and basic human rights is the highlight of the inherent nature. Civil anti-pickpocketing from beginning to end should be adjusted by the law.Pickpocketing of the establishment,the judgement of whether or not to stop the theft of qualified law, and even with the pickpocketing between confrontation and conflict, and ultimately can only be soluted by the legal ruling.In addition, after we have discussed the moral basis and legal's control of civil,we can also consider behavior of the civil from the economic rationality of the existence of acts. Collective action as a public authority added, can effectively reduce the burden of public power. Anti-pickpocketing becomes a powerful added when public power is deletion,so its legitimacy should be recognition. The thought that emergence of anti-pickpocketing organizations would weaken lead of public power and would only lead to the loss of public power and private autonomy a vacuum in this area is not so corect. On the contrary, the recognition of the reasonableness of the anti-pickpocketing organizations will bring effective, low-cost community self-control.The legitimacy of civil anti-pickpocketing is based on natural rights of natural law, fully embodies the source of state power and civil rights,the legitimacy of anti-pickpocketing is a relief of natural rights. Anti-pickpocketing organizations in relation to the individual of pick-pocketing, is the equality of citizens abide by the law, monitoring the implementation of state power, and indirectly protect its own implementation of justice enjoyed by the right people, anti-pickpocketing organizations formed groups conducted by the groups against pickpocketing act, it is the property rights of citizens self-maintenance. This safeguard property rights can be manifested in the way natural rights arising out of legitimacy. Property is for personal use and the natural ability to obtain possession of the labor of natural rights. Naturally, the maintenance of property rights is considerded as a natural right, but also as an exercise of civil rights. The police powers represented the state in the exercise of of the right of citizens to safeguard property rights. But pickpocketing rate and the low cracked captured, light of the punishment led to increasingly rampant acts of pickpocketing, and if the victim in order to effectively change this adverse to the interests of their own pattern, the most effective way is to join together to carry out self-help.A large number of ancient literature suggests that the civil anti-pickpocketing right existed long time ago. It has a large number of Chinese dynasties law against "thieves" in the legislation in China, many of legislation actively encourages citizens to report the conduct of stealing other people's property , and award citizens of captureing of the thieves with substantive materials.Despite civil anti-pickpocketing organizations in many places act alone, still in some areas they were supported by the local public security organs, and even the support of government departments, such as the Xiamen anti-pickpocketing organizations; In Haikou, the police even incorporated local civil anti-pickpocketing organizations, it becomes the first to legalize anti-pickpocketing organizations.At present, the plight of civil anti-pickpocketing organizations lies not only within the organization, but external public opinion on the legal blamed civil anti-pickpocketing organizations,so dilemma is the resistance. How can we go out of the plight of Anti-pickpocketing , we can learn from some areas which anti-pickpocketing organizations have been recognized legitimacy in a certain extent, and improve the organizational form of anti-pickpocketing organizations, unified the action of the anti-pickpocketing organization, and give the anti-pickpocketing organization full social security, so civil anti-pickpocketing organizations will not act in the middle of embarrassing trip. |
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