About Stealing PickpocketIn Recognition Of The Research

On May1, with the2011amendment to the criminal law of the People’s Republic of China (eight)\"formally implemented, larceny behavior is further defined, including pickpocketing, such as a burglary, but the existing laws and regulations and judicial interpretations refine a specific definition of theft is still not enough, lead to the behaviors of theft, with one standard for such understanding differences. That happens in judicial application, such as for certain whether theft behavior can be identified as crime and apply different punishments for ACTS of the same problems, not only cannot effectively preventing and cracking down on crimes, and even degenerate handle indulgence or expand the crime of the serious crime. Especially pickpocketing punishment alone, across the country appeared many kinds of pickpocketing and suspected cases of pickpocketing, due to the specific provisions of existing laws and judicial interpretations for theft and that is still not enough refinement, courts throughout the country the different understanding of pickpocketing crime that three authority, to handle cases of pick-pocketing case workers at the grass-roots level brought different degree of confusion. That pickpocketing is necessary to separate into the qualitative of punishment, the concept of pickpocketing, pickpocketing, sentencing of pickpocketing, pickpockets and general provisions of the criminal law conflicts in legal science. To strictly implement the law of the People’s Republic of China criminal law amendment (eight)\"for pickpockets, a serious harm to people’s life and property safety and life order behavior, fully embodies the criminal law on the special protection of personal and property safety, it is necessary to the different understanding to the question, confused clarification, in order to achieve the same law applies to the same qualitative standards, strict execution of a legally prescribed punishment of criminal law, crime punishment ADAPTS principles, practical and longitudinal, do not waste effectively prevent and crack down on crime.The purpose of this paper is to from the perspective of judicial practice and theory combining pickpockets in the larceny behavior in our country and its theoretical achievements and legislative status quo, combined with domestic and foreign relevant theory and practice, through to the pickpockets punishment caused by all kinds of disputes, after the analysis of pickpockets punishment shall apply to the practice of pickpockets crime by the law of contradiction and dispute in practice, on the inevitability and necessity of pickpocketing into the punishment on the basis of in-depth study, behavior of pickpockets, the elements of pickpockets, the nature of pickpockets, the accomplished and attempted to make substantial objective understanding, explore the theft of pickpocketing theory and its deficiency in judicial cognizance, seek the perfection of related ideas, and proposed to the theft of pick-pocketing how rational recognition and how to carry out the judicial way, hope through writing it, for further improving theft criminal law system in China, help to the judicial practice more operational performance.