Research On Pick-pocketing In Criminal Law

The change has caused an extensive discussion about the modification of larceny among The eighthof Amendment of Criminal Law, which makes pick-pocketing from administrative penalty level rise to thecrime of criminal law level. this modification has made larceny-theft clearly into the vision of the societypublic, which is conducive to blow that kind of crime. Because of its serious social harmfulness subjectivevicious was included in the criminal law within a category, which is conformity to advocated therequirement of the criminal policy of tempering justice with mercy in China. A more thorough analysisabout pick-pocketing itself is in favor of it special application in judicature practice, it is a clear legislationthat in-depth study about the feature of pick-pocketing own relatively fuzzy ambiguous. This change itselfwell proved the legislation in our country keep pace The Times.The author about judicature predicament of pick-pocketing existed in the current social through toevaluation the example, to make a clearly defined for the concept of pick-pocketing and behavior standard.The author analyzes its legislative basis into sin, and thus have an analysis of the concept and its owncharacteristics for pick-pocketing, accordingly defined to pick-pocketing is: a behavior with illegalpossession for the purpose of stealing others carry property in the public places or other open public places.At the same time, it has carried on the analysis about the concept of pickpockets and the intensive studyabout the four aspects of its constitution of crime, regard it as an independent crime is helpful to clarify thedifferences of complex fuzzy about the application of pickpockets in the juridical practice. Because of itselfparticularity and complexity, the author has a clear define on the scope of some vague words from thelateral, such as “public place”“carry-on”. Pick-pocketing as one new charge of larceny-theft, and it mustdistinguish with several other related charges, so it will more adequate to make more clearly about thescope of pick-pocketing. The author put some suggestions for the current problems, and think about theidentification of pick-pocketing should be incorporate specific facts of case and various factors,forexample:number, frequency. Meantime, it is better to make extensive use of proviso in criminal law tojudge whether a particular pick-pocketing belong to the category of crime. Through a series of comparativeanalysis, the interpretation about the criminal responsibility of pick-pocketing in The eighth of Amendment of Criminal Law and projects judicial, which makes the criminal law about the recognition and punishmentof pick-pocketing would more reasonable and execution in the judicial practice.Except foreword and conclusions, the thesis consists of the following four parts:The first part: the brief introduction of pick-pocketing. This part integrated case studies with Theeighth Amendment of the Criminal Law to proposed a series of solutions point to the substantial dispute ofpick-pocketing into sin and the difficulties facing in the judicature practice. Then this paper elaborateanalysis essence and connotation of pick-pocketing, and on the basis of comprehensive study of the varioustheories, it proposed the views of the concept and actual connotation of pick-pocketing. Finally, this paperwill make a deeply analysis the legislation basis of pick-pocketing into sin, fully demonstrated the rationaland real-time of the crimes.The second part: the transverse-sectional study of distinguish about pick-pocketing. This part make atransverse analysis study of pick-pocketing as a new crime. Though make the comparative analysisbetween pick-pocketing and multiple theft, hand theft, burglary, traditional theft. Then summed up its owncharacteristics and the reasonable use and distinguish in the practical application.The third part: the cognizance on pick-pocketing in judicial practice. This part is make the analysisand interpretation about pick-pocketing facing the difficulties in the judicature practice, especially thereal-time understanding and application after it into sin. Though integrated with case studies and its owncharacteristics have a research on the features of dispute and status in the concept, and combine with thecomprehensive research on regulation of proviso, ensure to achieve the unity effect of the social and legal.The fourth part: the criminal responsibility of pick-pocketing. This part through the interpretation onthe rules of pick-pocketing from The eighth of Amendment of Criminal Law and projects of the judicialexplanation, which makes it bear criminal responsibility for pick-pocketing clearly.