The Research About The Pick-pocketing Problems In Criminal Law

Pursuant to the 8th Criminal law Amendment which published in 2011,the conduct of pickpocket was provided in the Criminal Law of the People’s Republic of China as serve as the conduct of Repetitious Theft, Burglary, Multiple theft、Theft with lethal weapon and Ordinary theft, The supreme people’s court and The supreme people’s procuratorate issued in 2013 《the deal with theft criminal cases to explain some issues of applicable law》. Pick-pocketing officially into the category of criminal law in our country, to change from previous administrative punishment and criminal penalties,Although the provision of Pickpocket illustrates the principle of advance with the times and based on the situation of our country of our legislation, the problems that come with are distinct, for the reason that Pickpocket, a daily expression which derives from the practice of the policemen in base units, develops into a terminology in strict criminal law according to the amendments, but no systematic elaboration existed in the field of our Criminal Law Theory, which will bring tremendous challenge to the settlement of the theft case in practice.Besides, due to the characteristic of double infringement to the interest and sever social harmfulness, Pickpocket shall be treated as the typical theft when being discussed.Based on the legislative intent and intended effect of the provision and the characteristics of the Pickpocket itself, this article researches and analyzes the existing discussion and controversy, expectations of what is pick-pocketing, how has more operability and accuracy of pick-pocketing some ideas, tries to provide an effective method to define the conduct of Pickpocket so as to settle the disputes in judicial practices.This article is separated into four parts. In part One, the author detailed analyzes the definition of the two element of “public area” and “carry-on”of the definition of the Pick-pocket,comes up with the principle of“personal taboo”,and based on the principle, raises the author’s view about the Pickpocket; in part Two, starting from the special social harmfulness of pickpockets,the author summarizes legislative process and discusses the rationality of the provision; in part Three, the author sorts out the dispute over the Pickpocket existed and put forward the author’s view; in part four, the author makes a reasonable point to the definition of Pickpocket in judicial practice through the the spatial dimension、Population dimensions and Carry a portable personal in order to provide a effective method to define it.