The Judicial Cognizance Of The Pickpocket Crime

The legal private property right of citizens was always subjected to the social and legal protection in history.As a category of crime against property, thefting has also been a continuous focus on crimes and prospecting reas in Chinese academic field and judicial practice.Pickpocketing has been included into the regulatory of the criminal law system independently as one counts of theft, which changed "Public Security Administration Punishment Law administrative punishment" method due to the amount of the crime is always less than the starting point of the crime to " Criminal Law" method. This change completely unifies the sanction of such offense and strongly reflects the purpose of legislation to crack down the theft and also complies with the requirements of the criminal policy to combine punishment with leniency.It provides fully safeguard on the rights and interests of the personal property of citizens in order to better adapt to the progress of judicial fashion with the times. "Pickpocketing into the sentence"also becomes the focus of public attention at that time.From crime of amount transitted to conduct crime, more and more pick-pocketing has been brought to justice in life. In the implementation of public opinion at the same time, a series of pickpockets in relation to specific cases are derived from the applicable and identified problems in judicial practice which results in a difference on the applicable law and brings inconveniences and confusions to judges in deciding cases.One aspect of law can not consitute a system. Considering the urgent need to unify the judicial applicable standard and define the offense and intent of pickpocketing correctly and execute the principle of legality and the principle of "compatibility of crime, responsibility and penalty strictly",the analytical method of this article is interpreting the evolution law of pick-pocketing throughout the history of our country about pickpocket crime precedents to grasp the legislative background and the essence of this rule and the intent of the legislators.The article synthesizes domestic and international related theories and the current legislative situation, typing of pickpocket crime in order to do further legal analysis. Comparing with the traditional theft, pickpocket crime is more harmful to the society which bringing bottlenecks to the establish of a harmonious society under the rule of law, and further, the realization of the Chinese dream;meanwhile,based on the research on the analysis of the inevitability and necessity of pickpocketing into the penalty to discriminate the concepts of pickpocketing and its specific elements. Legislation requires more interpretations. Simple general provisions can only convey the legislative intent of the legislators from substantially, if you want to improve the practice and operability of the law you need to expand or narrow the explanation for connotation and denotation of the individual elements to adapt to the operation of the specific cases. This paper tries to combining with specific cases and related legal principle to identify the connotation and denotation for elements such as "public" "carry" "secret theft""property"and so on.The article takes an actual inspection in conflicts between advantages and disadvantages of the existing theories and views as to propose my opinion on how to reasonable delimit the crime ring of the non-amount theft crime. After the judicial determination of relevant elements,from an extreme case"one dollar theff’as a primer when pickpocket stealing has just into punishment for subsequent discussion on the pickpocketing crime incriminate standards. In "criminal law" article 13 the proviso:" The circumstances are obviously minor and little harm is not considered as a crime" reverse system pressure can still follow pickpocketing punishment legislation spirit or not worth our further discussion and debate; Once we’ve reviewed the elements type of pickpocket theft crimes,we should focus on understanding how to distinguish the behavior patterns of the pickpocketing crime. Whether it evolved into a pure behavior crime namely a criminal act is implement when accomplished and what is the starting time of pickpocketing theft shall be stressed. Then on the basis of the theory in favor of the essence of the objective, this article will discuss the set of pick-pocketing. Furthermore, this article will compare the pickpocketing crime with the new types of theft to clarify the differences between pickpocketing crime with carrying-weapons theft, burglary and other types of theft.Next to sublimate thinking transformed robbery to prove that pickpocketing behavior should be included in the later of the conversion of robbery. Finally, specific measures based on the current judicial resources in the mission harder and harder to cause depletion of human and financial resources, criminal sanctions and administrative penalties convergence disjointed administrative overhead legislative crime of attack increases lead to selective enforcement of judicial and other serious dilemma premise to explore non amounts type of theft judicial way,define the establishment elements of the pickpocket crime strictly, making effective connections of administrative law and criminal law, architecturing diversified sentencing patterns and the rational allocation of judicial proceedings to control the scope in order to achieve the practical significance of pickpocketing crime in punishment and help to realize the maneuverability of the judicial practice.In order to analysis the answer to that question, this article mainly adopted the following research methods:" A,the oretical analysis method.Which on the basis of principles of criminal law and other related crimes dealt with judicial interpretation of laws and regulations to analysis and appraisal the judicial determination of pickpocket crime.B, the inductive method.Which making a Integration of the existing literature about pickpocket crime and after the big data of all information sources to be summarized,comparing the similarities and differences or competing issues between pickpocketing crime,thefting several times, theft with lethal weapons and other behaviors. Take a rational view of the pros and cons of pickpocketing into the penalty to summarize the deemed basis of pickpocket crime in theory and practice.C.case analysis method.Which by collating Chinese law judicial documents and the typical cases of different provinces and cities online, combining with the relevant books, in the form of enumeration summed up the future judicial activities should how to be correctly and reasonable processing type pickpocketing larceny related legal issues.