Discussion Of The Application Of Criminal Law

On May1,2011, the amendments to the Criminal Law (eight) officially launched.Criminal Law (eight) is the most revised and extensive criminal legislative activities. Amongthem, the thirty-ninth amendment to the larceny modified, adding new "House stealing,carrying weapons theft, pick-pocketing" some special form of theft. Guilty ofpick-pocketing make many small properties and even zero amount of pick-pocketing isrecognized as criminal, pick-pocketing is changed into a legal term from an idiom.Pick-pocketing is a means for the purpose of illegal possession, property stealing carried inpublic places. There is a lot of reports on taking pick-pocketing as crime, which gives rise tobroadly attention and controversy of the practitioners, professionals and the publics, so it isnecessary for judicial determination and theoretical analysis on pick-pocketing.This thesis is divided into six parts, and has more than20000words not including theintroduction.The first part is the reason of pick-pocketing case, which is Liu Qiang etc.The second part is the brief introduction, and cites five groups of cases onpick-pocketing, which cause different controversial, and introduces the details of convictionand sentencing on the zero amount pick-pocketing, small pick-pocketing, pick-pocketing withlethal weapons, pick-pocketing attempte, pick-pocketing with amount of properties etc.The third part is about disputes on cases. We expound the main dispute on a range ofdifferent cases, which include the follows: the pick-pocketing behavior judicial determinationof the dispute, in justice pickpocketing,purpose of dispute, methods dispute, places defineddispute, object tightness dispute elaborate on; pick-pocketing and other form of theftdisputed,specifically in theft should be defined, limited amount number, picking whether tolethal as necessary on stealing; pickpocketing the criminal policies controversy, throughcombining punishment with leniency and the Modesty Principle of criminal policy interpretcriminal law aspects of pickpocketing into criminal policy differences.The fourth part is the theoretical analysis with five groups of pick-pocketing cases.Pick-pocketing is identified first. Pick-pocketing does constitute a crime, in form and insubstance dealt with separately, in the form,pick-pocketing has stipulated in Chinese criminallaw, should be identified as theft crime, but analysis the legislative reasons, virtually noserious law against the petty crime, should not be considered as crime. Secondly, discusses the relationship between pick-pocketing and the amount of pick-pocketing, according to theircross, judges should considering reasonablly, the pick-pocketing itself has no other seriouscircumstances, the measurement of penalty should not again evaluation; Third, analyzed therelationship between pick-pocketing and carrying weapon pick-pocketing, carrying weaponpick-pocketing has large social harmfulness, wlile meet both acts, heavy or aggravatingcircumstances shoule be take into account; IV, analyzed the relationship betweenpick-pocketing and transformation type robbery, after robbery does not constituepick-pocketing crime as the premise, but the level of violence and time should be limited; V,discusses the accomplished pick-pocketing and the attempt pick-pocketing, attemptpick-pocketing has other serious circumstances, to a large amount or very large property asthe object should be punished; Finally, discusses pick-pocketing and the application ofproviso, the plot remarkable slight harm and not big behavior should issue sin function,eliminating of the crime.At the fifth part, we response and conclude the disputes of the five cases, and give theconclusive statement. Pick-pocketing has been clearly defined as an offence, in judicial practice,however, should be flexible, reasonably discretionary penalties, which adapted to do crime. Five cases ofthis article, from the point of view of formal law, its constitute theft, but from the point of view ofsubstantial law, caseⅠ, caseⅡ, case IV could exclude criminal.The sixth part is suggestions. Proposing three suggestions on pick-pocketing penalty:publiching clearly legal interpretation; adapt proviso to circumstances; application of lawmaster “degree”.