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Pickpocket Theft In Behavioral Research

Posted on:2015-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:L Y HuangFull Text:PDF
GTID:2336330479987149Subject:Law
Abstract/Summary:PDF Full Text Request
May 1, 2011, "Criminal Law Amendment(eight)" officially went into effect. "Criminal Law Amendment(eight)," since 1997 the implementation of criminal law, law amended the largest, most extensive attention once the criminal legislative activities. Amendment of Article 39, adding a burglary, carrying several special forms of theft incriminating weapon theft, pickpocketing, etc., changed the original counts of theft. While pocketing into the sentence, makes the common multiple small or zero amount of pick-pocketing behavior was identified as a crime, "pocketing" has become a common saying by a legal term. The so-called pickpocketing refers to the illegal possession for the purpose of stealing other people's behavior to carry belongings in public places or on public transport. The emergence of various kinds of "pocketing the first criminal case" news reports, in legal theory, the judicial practice and society have caused quite a stir and controversy, for pickpocketing act judicial determination and theoretical analysis has become a top priority.This paper mainly around pickpocketing type of theft understanding and judicial norms applicable to expand research, including an introduction, body and conclusion of three parts. The first part of the main body of the review, "pickpocketing" into the criminal legislative evolution from the original reeducation through labor(administrative penalty) to criminal penalties, parallel to the amount from the amount of standard criteria and the number of standards, and then repeated the sentence pickpocketing can be seen pickpocket into criminal behavior in the grasp of the increasingly stringent legislative and judicial; magnify this theft crime ring, from pickpocketing behavior has a special danger to the society, the larger pickpocketing actors dangerousness, but also with the current high incidence of pickpocketing but ineffective punishment reality there is a connection. Whether it should have a value of the second part of "pickpockets" into the criminal justice after facing new problems, pointing out that the current theory or whether it is the judicial practice of "pickpocketing" normative understanding of the meaning, pickpocketing behavior should not all criminal convictions and pickpocketing object other issues have generated enormous controversy, and even diametrically opposed viewpoints related, which also caused codefendant different sentence judicial practice, the zero amount less the amount of the penalty and hit wide generalization and many other issues, causing the public to question the authority of justice and. The third part from the historical interpretation, literal interpretation and theoretical perspectives to explain the behavior of elements of a detailed analysis of pickpocketing norms understand and focus on elements from the place of "public places", the object element "belongings" the existence of these two aspects of the dispute and ought to be elaborated attribute to accurately understand the "pickpocket" normative meaning. The fourth part is a combination of Article 13 of the Penal Code General proviso of "pickpocketing" is unconditional, shall be resolved incrimination, pointing out that the behavior of people in the comprehensive consideration of motive, subjective vicious, criminal consequences as well as first-time offenders, juvenile delinquents and other circumstances after, for indeed little social harm, the perpetrator is not higher likelihood of recidivism cases, you can apply Article 13 of the Penal Code provisions, but the book is not treated as a crime; the same type of theft and pickpocketing amount clarify type of theft, theft multiple times carrying weapons theft, burglary and other types of theft relationships and community points, for a variety of situations overlap theft, depending on the specific circumstances are appropriate sentencing should prevent duplication and the emergence of co-evaluation of different contractors and other issues. Then, from the perspective of jurisprudence whether or attempted acts of pickpocketing and consummated the points were analyzed, and the existence of an attempted pick-pocketing state and judicial practice in detail how the correct state of pickpocketing crimes defined. In conclusion, the author of the problem since "pickpocketing" into the criminal justice practice process to produce and make appropriate references General of the Criminal Code provisions, but the book, the introduction of specific judicial interpretation, to grasp the scale of justice, such as rationalization proposals in order to contribute to the behavior of the pickpocket the precise definition of the crime.
Keywords/Search Tags:Theft, Pickpocketing, Understanding specifications, System of difference
PDF Full Text Request
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