Elements Of Pick-pocketing Under Substantive Explanation

In The Criminal Law Amendment(VⅢ) and The Judicial Interpretation About Theft, the provision or explanation bout "pick-pocketing" is too simple to be explained in more detail.The fundamental difference between substantive explanation and formal explanation is Idea and Hermeneutical perspective. Substantive explanation of pick-pocketing is more rational than formal explanation, when The Criminal Law provides the quality and quantity of crime. Substantive explanation of pick-pocketing should be of humility and modesty, etc; in the circle of written explanation; in the way of historical explanation, systematic explanation and purposeful explanation. Substantive explanation of pick-pocketing can be done in the Criminology System of "Quality+Quantity", which refers Professor Chen Xin Liang’s "Crime body+Crime guilty+Crime quantity", because each crime established needs the elements of quantity, restricted by the Criminal Law Article XIII, but the traditional four elements Criminology System and "Germany and Japan" Three Classes Criminology System can’t reflect this need. The "Quality" deals with the question of behavior, illegality, responsibility; the "Quantity" deals with the degree of harm which should be deserved penalty punishment. We can see that the purpose of the legislation is to protect the property and personal safety and public security by substantive explanation. We can found the boundaries between pick-pocketing and snatch by Systematic explanation. According to the legislative purpose and system requirements, pick-pocketing needs "purpose of illegal possession", the "public places" should be defined by the "theory of public dissemination ", the "carry belongings" should be defined by the "the possibility of always domination", the "mean" should be defined by "mild theory". Judging the "Quantity" elements is lawful and free and synthesized, can be done from two aspects,the degree of responsibility and degree of illegal.