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Discussion On Determination Of Crimes With Coexistence Of Pickpocket Type Theft And Other Types Of Theft

Posted on:2016-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:W T ZhuFull Text:PDF
GTID:2296330503951075Subject:Law
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After the implementation of “Criminal Law Amendment(8)”, three new types of convictions are added, among which is the pickpocketing. The pickpocket theft is considered as an objective behavior and juxtaposed with multiple theft, burglary, theft of a large amount, and theft with lethal weapon. It not only adds new content to the counts, but also expands the evaluation methods of incrimination of larceny. The term pickpocketing was first used in criminology and reconnaissance studies. The criminal law gives pickpocketing a different definition, namely, pickpocketing is the behavior of a person with the purpose of illegal possession to steal secretly the property of others in public places or public transportations. When the pickpocketing type of theft coexists with other types of theft, there may be some points to be discussed in terms of the application of the law. They mainly include the question of the quantity of crime of pickpocket theft in other types of theft, corresponding application of identification order and sentencing range, and so on. Through the analysis of the revised provisions of the larceny, the paper explores the conviction and sentencing of larceny at the coexistence of multiple larcenies, expecting to benefit the puzzling questions about the application of revised law on larceny.The paper consists of three parts.The first part is an overview of problems about coexistence of pickpocketing type theft and other types of theft. This part starts from the evolution of provisions of law for pickpocketing type of theft, concisely overview the origin of the pickpocketing type of theft and other types of theft, and sums up the provisions of law for this type of theft. We know that the provisions of law for pickpocketing theft is not accomplished in one action, but has experienced the process from coarse to fine. Because of the appearance of this new type of conviction of pickpocketing theft which is different from other types of theft in legislative status and judicial identification makes the existing larceny to exhibit different crime characteristics. In the rear of this part, the author briefly discusses the legislative status, judicial identification of pickpocketing type of theft and other types of theft and the characteristics and difficulty analysis of the coexistence of the pickpocketing type of theft and other types of theft.The second part is about the rational analysis of the coexistence of the pickpocketing type of theft and other types of theft. It discusses problems such as the crime quantity species, theoretical contend, conviction issues, etc. The author starts with the quantity of crime of coexistence of the pickpocketing type of theft and other types of theft to first determine whether it is single crime or plural crimes and distinguish whether it is the same kind of plural crimes or different kinds of plural crimes and introduce their corresponding representative theories and punishment system, and then analyzes and puts forward his own tendentious view that larceny is the same kind of plural crimes and should generally be a punishment of a single crime unless it is contrary to the principle of compatibility crime, responsibility and penalty in the coexistence of multiple types of theft crimes. The second half of this part analyzes and explores the identification of crime patterns, range and principle of punishment and sentencing manners.The third part talks about the relationship between the pickpocketing type of theft and other types of theft. It briefly analyzes and explores the identification sequence, and whether to introduce a unified judicial interpretation or separate crimination in the coexistence of the pickpocketing type of theft and other types of theft. In the identification sequence, the author analyzes the way of identification sequence before the promulgation of the “Criminal Law Amendment(Eight)”, namely, the second evaluation sequence, and whether or not to continue the above way after the amendment, lists three viewpoints in the academic circle, and puts forward his own tendentious view that the pickpocketing type of theft has priority over other types of theft. The second half of this part is a bold assumption of whether or not to introduce a unified judicial interpretation or separate crimination of the pickpocketing type of theft. The author mainly analyzes from the logical point of view on the provisions. According to the author, appearance of both behavioral contents and crime of amount in one count is a bit logically confusing. For this reason, the author boldly presents the concept of separate crimination of the pickpocketing type of theft.The annotation and comparative research methods are used in this paper.The annotation research method is used to explore the true meaning of the law through analysis and interpretation of words and sentences of the criminal law. Interpretations methods of the criminal law referred to herein vary such as literal rule, systematic interpretation, natural interpretation, comparative interpretation, etc. The interpretation of the criminal law is in favor of exploring the specific meaning and legislative intention of various provisions concerning “pickpocketing type of theft”, “larceny”, “combined punishment for several offenses”, etc.Comparative research method is used to clarify in detail the focus, strengths and disadvantages of various theories through comprehensive comparison of different approaches for the identification of crimes in the coexistence of the pickpocketing type of theft and other types of theft under a variety of theory systems. In this paper, the author not only makes appropriate corresponding assessment of the methods of treatment under the guidance of various theories, but carries out a comparative study of representative provisions and practices of the problems in this paper in other countries and regions.In addition, this paper focuses on the combination of theory and practice, enriches and improves the theoretical results in practice by combining theoretical analysis with some specific empirical research and quantitative analysis, so that the research results have scientific value and practical value.
Keywords/Search Tags:pickpocket, quantity of crime, criminal pattern, range of punishment, identification sequence
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