The Criminal Research On Pickpocket Crime

Pickpocket is a behavioral manner of larceny, which was new-added in the8thAmendment of Criminal Law of our country. It provides a penal basis for fighting moreeffectively against pickpocket crimes. However, the appearance of pickpocket crimechanges the form of consequential offense inherent in larceny, and brings new cognitivecontents of penal theories and judicial practice. Based on this, as a prerequisite forunderstanding pickpocket crime, this article begins with the discussion about the definitionof pickpocket. Afterwards, the author combs the history of legal rules and foreignlegislations about pickpocket. Meanwhile, the theoretical basis of pickpocket crime is alsoanalyzed in the chapter, which provides a reference for the scientification of legislativeimprovement and the identification of pickpocket crime. Finally, this article brieflydiscusses and analyzes two difficulties with the pickpocket crime in judicial practice-thetransformation of crime and the identification of the state of criminal attempt. For differentperspectives on theory and practice, this article concludes that the transformation ofpickpocket crime should be strictly limited according to the analysis on transformingoffense, the state of criminal attempt, as well as the principle of crime or not. In the otherwords, there’s no existence of attempt in pickpocket crime. Eventually, based on theproblems exposed in judicial practice, the author makes a suggestion on legislativeperfection in order to provide references for the accurate application of laws in judicialpractice and maintain the fairness and seriousness of criminal law.