The Criminal Law Theory Of Pickpocketing

Since the amendments to the criminal law of the People’s Republic of China (8) of article39only stipulate pickpocketing into sin, but not its concept, manifestation, into sin and the amount of plot, a narrative and instructions, thereby raising the academic circle pickpocketing concept itself and the relevant provisions of the criminal law on the understanding of the dispute. Based on this, the author compared the current in related on the basis of the concept of pickpocketing, put forward pickpocketing is refers to the person steal others in public places to carry goods behavior, and sum up its three features:The particularity of the venue, criminal object and the The relative secret sexual behavior. In addition, in order to facilitate the operation of the judicial practice, the author first of all have to pick a pocket of the concept of public places, carry property as the substantial analysis, sum up the general category; Secondly in the state of the crime of pickpocketing analysis, puts forward the pickpocketing can be attempted existence state, and discuss the pickpocketing carry weapon this case, analysis the weapon is not invariable mode, but a charges, period of time because of different and different with relative flexibility and rich connotation concept; Finally in distinguishing the pickpocketing and other circumstances larceny, on the basis of analysis of pickpocketing all SINS into the advantages and disadvantages of the concept, this paper discusses pickpocketing sin and the sin of limit, this paper puts forward the justice should be comprehensive case crime fact, plot and amount of repentance, performance, plea attitude and so on various factors to determine whether a pick-pocketing a criminal offence.