On The Cognizance Of Pickpocketing

In2011,"criminal law amendment (VIII)" will pick as theft crime in the criminal law of new. But what is theft and pickpocketing elements are not clearly defined, it is blank. In the judicial practice, how to pick that different people have different opinions, without a clear standards can easily cause an embarrassing situation, i.e. different codefendant, sometimes even be quite different result of judgment. Study on the definition, elements of pickpocketing, according to many scholars, the connotation and the boundary clear pick; legislative history and based on the pick and the crime reason, an in-depth discussion on Application of pickpocket theft crime in the judicial practice, and strive to provide a feasible way for determination of pickpocketing.The article is divided into three parts. The first part is the discussion of the legislative history and the crime reason pickpocketing. The first part of the existing criminal legislation, analyses since1986China’s criminal law and related judicial interpretations on theft, combined with different background at that time analysis of theft crime reason, point out the double against theft-with three serious subjective malignant, serious social harmfulness, property and public order. The second part is to explore the dispute and difference in theory of pickpocketing. The concept of’ relationship, including theft, theft and carrying weapon should be limited in public places, pickpockets asked whether has secretly, pick the type of theft exists in five aspects:the unfinished form. Pickpocketing is refers to the illegal possession for the purpose of secret theft, in public places to carry personal belongings behavior. Pick that does not require the behavior people carrying weapons. Whether the connection between legal norms is considered from the judicial point of view, should be in the crime of theft theft is limited in public places. Pick should have a secret, namely pickpocketing is by not sleep and secret take others’ property, the secret is the necessary means to. A pickpocket type theft is the unfinished form exist problems, this paper hold positive views. The third part is to pick the identified problems in the judicial practice, including the establishment of larceny theft conditions identified, public recognition, portable properties as well as the crime of theft from four aspects. Pick up the crime of theft of the four conditions:one is the behavior occurs in a public place; two is the behavior of stealing is others carry personal property; three is the behavior of the stolen property size is relatively small; four is the property stolen by others must be positive control. Determination of public places, a good grasp of the two dimensions:one is space, two is a crowd. On the space dimension, namely, the public should be open space for living, entertainment and other public activities. A crowd of dimensions, should first meet the space dimension, and then in this space there must be people, and should be at least three people. That the portable properties, this paper supports the physical contact, namely carry belongings should be the victim on the body or placed in their personal belongings. On the other hand, a pickpocket crime, should be identified from three aspects:one is to have a good grasp of theft crime mechanism; two is to pick the goods should be valuable, worthy of protection by criminal law; three is the distinction between the boundaries of good theft crime.