Research On The Legal Application Of Pickpocket Theft

Pickpocket theft as a special theft mode, its components have no differences withthe theft, the subjective component is for the purpose of illegal possession, objectivecomponent is the secret transfer of possessions."Public place","public transport" and"carry" are constitutions of pickpocket theft’s elements. From the definition of "publicplace" in Civil Law, pickpocket’s should not only satisfy requirements of no particularsocial public access in function, but also should be open to the public in time."Publictransport" is required to have the function of carrying unspecific majority, at the sametime should be in operation. In semantics,"Carry on" has no differences with "carry",it is emphasized with the appearance behavior of controlling objects and the innermeaning.From the perspective of legal interests’ protection, pickpocket doer invadesprivate body nearby without their permission, at the same time steals possessions,infringing their property rights and personal rights. Most pickpocket behaviors aregang crime, with the professional nature, seriously harming the social public order, sopickpocket theft into the Criminal Law punishment has its rationality. From theperspective of pickpocket doer, as multiple, often occurring crimes, attention shouldbe paid to pickpocket thefts’ general prevention; at the same time, in view of doer’sdangerousness, special prevention can not be waste, general and special preventionshould be closely contacted and unified, but must be focused in specific situations. For the current judicial practice, the biggest problem of "pickpocket theft into theCriminal Law punishment" is the expansion of crime circle, resulting in the lack ofthe limited judicial resources. Making request to pick-up point of punishment amountthrough the judicial interpretation is contrary to the punishment purpose, andoverhead legal text; If it is explained as pickpocket theft with lethal weapons throughthe academic interpretation, it will against the grammar logic and language habits; If itis out of the Criminal Law punishment directly through the "proviso" provision, it willdamage the logicality of the crime’s constitution system; If take the doer’s lifethreaten into consideration, it just relates to technical operation of the sentencingaspect. As to the current crime’s constitution system, this paper proposes to refine thejudicial interpretation, reasonably clear the connotation of essential components underthe guidance of the "proviso" provision’s spirit, and under the premise of clearlyjudging whether it constitutes a crime, fully consider the doer’s life threaten in thesentencing aspect.As to the determination order of pickpocket and other types of theft, thethresholds of special theft types should be lower than ordinary ones, and inside specialtheft types, it should first considers whether it is " burglary","with lethal weapons" or"pickpocket", then "repeatedly". That is to say, that the order of specific behaviors oftheft is: lethal theft=pickpocket theft=burglary theft> the repeated theft> theft oflarge amount. In judicial practice, it generally does not think that the pickpocket theftis attempted unless the possessions are no value, however it does have thediscontinuance and preparation of crime. As to the pickpocket theft sentencingconfiguration, attention should be paid to the doer’s subjective malignant and lifethreaten, and it should make a difference between minors criminals\the elderly and thecommon criminals.