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Explain Theft On The Next "Pick-pocketing" Behavior Identified

Posted on:2013-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:X X SunFull Text:PDF
GTID:2246330377954103Subject:Law
Abstract/Summary:PDF Full Text Request
The Criminal Law Amendment (VIII)"modify the charges in an indictment of the larceny theft, in order to meet the needs of crack down on pick-pocketing, safeguard the stability of public order, and protect the rights of the people, pick-pocketing alone into the criminal. Before pick-pocketing are treated as a violation of the Security Administration Punishment Act, be given administrative punishment except the relatively large amount of pick-pocketing or pick-pocketing more than three times within one year. As it’s a non-legal term after the pick-pocketing into the crime, there is no common view about its connotation and extension, as well as the established elements to make the pick-pocketing to be a crime. Whether all the pick-pocketing should be into the crime, the act of every judicial authority varies from each other. The scholar has analyzed the reason of the pick-pocketing to be crime from varies aspects, and explain the connotation from their own understanding, all these leading to the current confusion of applicable crime for the pick-pocketing. The correct explanations of the criminal pick-pocketing are biased, the regulations of applicable criminal pick-pocketing of the judicial authority exists the contradiction, thus how to explain the established elements of the criminal pick-pocketing, how to create the applicable regulations of the criminal pick-pocketing becomes urgent importantly.This paper introduces the corresponding decisions around pick-pocketing into the criminal case, analysis the constituent elements of pick-pocketing into the crime from judicial practice, reveals the confusion of standards everywhere; explains and reviews scholar’s opinion about the reason for the criminal pick-pocketing and its elements. Through the way like the analogy, reasoning, to point out the absorbs of every reason for the criminal pick-pocketing, come to the conclusion that we should restrict the criminal pick-pocketing alone and analysis its necessity. According to the various explanation and comparative analysis of the restriction of the criminal pick-pocketing alone, raise the opinion and reason of the criminal pick-pocketing should be "carry-weapon" pick-pocketing and prove its reasonable based on the way like literal rule and ethics explanation.
Keywords/Search Tags:Pick-pocketing, carry-weapon pick-pocketing, larceny theft
PDF Full Text Request
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