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Pickpocketing Type Theft Of Issuses Research

Posted on:2016-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z H QuFull Text:PDF
GTID:2296330467997682Subject:Law
Abstract/Summary:PDF Full Text Request
Pick-pocketing enters the criminal judicial field of vision, which together withother four kinds of theft to build the basic behavior of larceny when as the policy of"criminal law amendment (eight)" announced. Pickpocketing punishment has beenaccompanied by theoretical academic controversy, People’s opinions vary even whenit comes to pickpockets as crime of criminal law.And judicial departments applyaround the "criminal law amendment (eight)" is not consistent.Now it is important tocorrectly understand and apply the related criminal legislation, learn to findproblems in practice, solve the problem, promote judgment ability, make trial sense,to avoid differences in connection with different sentence, at the same time also canmake the persons can convincing judgment for justice. With each specific case as anopportunity,we propaganda the law to the society as it should be. The author in theprocess of the research of this topic, formed some personal humble opinions, hopingto help to the judicial practice. In this paper, starting from the basis of taking intotheft criminality, focus on the perspective of risk society theory to understand Legalregulation pick-pocketing, investigate its risk society theory of criminal lawinterpretation process to enrich the understanding of pick-pocketing.By comparingthe present mechanism of pick-pocketing crime theory to confirm the legalconnotation of pick-pocketing, including " Close-fitting taboo" close to both positiveand negative contrast theory as the starting point to explore the constitutiverequirements of crime pick-pocketing. Building a framework of judicial cognizanceof pick-pocketing from multiple perspectives. Various interpretations related to thecrime constitution theory of pick-pocketing judicial cognizance of pick-pocketingelaboration to all aspects of the limit mode. With various interpretations related tothe crime constitution theory of pick-pocketing, elaborating judicial cognizance ofpick-pocketing to all aspects of the limit mode. The judicial practice in the case ofthe amount, number, location of judicial cognizance of pick-pocketing debateprovides practical research material.Using pickpocketing limit the amount of data in many places to explore the constituent elements of pickpocketing crime. This paperpresents the corresponding judicial cognizance pick-pocketing elements, on the basisof accomplished offence and an attempt—ed offence in the crime of pick-pocketing.Reason for pickpockets criminal activity legal regulation is inevitable and necessary,the application of the law need to explore in the process of law enforcement, judicialauthority have a purpose to find problems when dealing with crime, combined withtrial practice summary of the experience, to provide material for legal norms set ofscientific, make up the lag of the law. This paper try from the perspective of criminaljustice workers, to investigate the problems of crime of pickpocketing set and thesuitable, in cognizance in the judicial practice of pick-pocketing provides its owntrain of thought, thus hopes to avoid that is embarrassed judicial organs in differentregions,make different judgments to similar cases. Thus this article is not toconstruct a theoretical system, but oriented by the actual problem, the author putforward some humble opinion of criterions for the conviction and sentencing ofpick-pocketing to persons working in the criminal trial in multi-angle thinking.
Keywords/Search Tags:Risk society under the perspective of pickpockets, Pickpocketing andClose-fitting Taboo, Judicial Cognizance, Accomplished Offence and Anattempt—ed offence
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