Research On The Crime About Pickpocketing Behavior

Pickpockets as a frequent delict in our daily life, it happens very often and the capture rate is low, often will follow with serious influence to social public order. As one of the steal crime, pickpockets have been brought into the<criminal law amendment (eight)>, it shows the determination of our country to strike the pickpocket. While what is the theory basis of pickpocketing, what kind of behavior belong to pickpocket, what is standard of the establishment of the type of theft, how to clarify the relationship between pickpockets and other larceny behavior and so on. These problems appear constantly and perplex the judicial practice seriously and also largely weaken the power of pickpocket against. In this point of view, this article based on the research that which is in illegal dualism standard of pickpocket and based on the worthless stance in the behaviors to analyse the legitimacy of pickpocketing. With the guidance of the 13th criminal law I have some expression of pickpocketing. To definitude the standard of pickpocket in the position of invalidity of result and hope that this can help solve all kinds of difficulties in our life.This article is divided into four parts, the first part elaborates the legislation basis of larceny. Regarding legislation dispute as the breakthrough of pickpocket to analyse the affirmation and negation specifically, summarize both reality basis and theoretical basis of pickpocketing, and this will point out that to add pickpocketing into criminal law is based on the situation of our country, people’s ideas and other specific factors. When talk about the legislative theoretical basis to put forward that behavior invalidity is the basic theory of pickpocket. The second part is the focus of this article, by comparing with ordinary theft behavior, I have unscrambled the establishing condition of pickpocket, that is to say the place of pickpocketing the object of pickpocketing and the behavior. First to clarify the two qualifiers of pickpocketing are’public’and’carry’, based on this these crime must be done in the public space, and the number of people in public space should not be restricted. Then only when the victim closely carry the possession of property is the object of pickpocketing and ruled out the victim’s side put. The third part is aim to clarify the relationship between pickpocketing and other type of theft. First to compare the difference between amount theft burglar carrying weapons theft and pickpocket and then have a more clear cognition about it. And then put forward the idea that the type of pickpockets theft is independent of the other four kinds of crimes of theft behavior with equal status, in special circumstance there may appear competition, when dealing with this problem we should institute the principle of legality and adapt to it. Based on the dualism of illegal position, clarify the essence of pickpocketing and go out of the judiciary. The forth part expounds the stop of pickpocket problem. Concrete analysis in pick-pocketing from ready to implement begin to produce the various stages of implementing the behavior, creatures stop to commit all kinds of crimes because of both subjective and objective reasons.