| Since the implementation of the Amendment VIII to the Criminal Law, as one of the legal crimes of theft, pick-pocketing has been into criminal punishment for four years;however, owing to the lack of unified, specific supporting provisions, as a crime featured by high exposure and high social harmfulness, the crime of pick-pocketing theft has been encountered with many confusions and challenges in the judicial application.In addition to the introduction, this paper is composed of three parts, about 15,000 words.Part One Introduction begins with the criminal punishment evolution and the necessity of the pick-pocketing as well as the differentiation of the definition of the crime of pick-pocketing theft and elaborates the basic issues in the pick-pocketing, which constitute the base of judicial cognizance of the pick-pocketing later. The provisions for pick pocketing in the early law of our country have been scattered in different judicial interpretations, and pick-pocketing is mainly ruled with administrative punishment or reeducation through labor,only pick-pocketing with serious circumstances is sentenced with criminal punishment. The Amendment VIII to the Criminal Law directly penalizes the pick-pocketing, the reason for which is that the pick-pocketing features serious personal danger, social harmfulness and subjective malice. However, owing to the blankness of the pick-pocketing in the criminal law,it becomes an urgent issue to correctly understand and recognize the crime of pick-pocketing theft after the criminal punishment of pick-pocketing. Therefore, the Supreme People's Court and the Supreme People's Procuratorate promulgated the Interpretation on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Theft in 2013, which identifies that the pick-pocketing refers to the behavior of stealing others' carrying money and property in the public place or public vehicles.The judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate in 2013 only identifies the definition and characteristics of pick-pocketing, and there are still many problems in the judicial practice. Part Two selects some real cases in the Judicial Opinions of China, takes the case analysis as the base and focuses on the four judicial cognizance on pick-pocketing in the judicial practice, that is, whether the pick-pocketing shall be into criminal punishment without exception, whether the pick-pocketing hasunaccomplished form, the relationship between the pick-pocketing and carrying lethal weapons as well as the concurrence between the pick-pocketing and other forms in the crime of theft, elaborates different opinions through the analysis on the cases and proposes the author's opinions. The author holds that the pick-pocketing shall not be into criminal punishment without exception, whether the pick-pocketing shall be convicted and punished should not only consider the amount in the pick-pocketing but also takes into account other circumstances, the pick-pocketing should have the unaccomplished form and only the pick-pocketing with serious circumstances shall be investigated with criminal responsibilities,“carrying lethal weapons” in the criminal law shall not be restricted to the pick-pocketing and thus the criminal punishment on pick-pocketing shall be without carrying lethal weapons, and the concurrence between the pick-pocketing and other forms in the crime of theft is required to differentiate different circumstances and shall be analyzed specifically.Based on the aforementioned the analysis on the judicial cognizance on the pick-pocketing, Part Three proposes the opinions and suggestions for the improvement of the criminal punishment on the pick-pocketing, aiming to identify the relevant judicial application of the crime of pick-pocketing theft and to unify the measure on law enforcement, resolve various controversies in the practice and practically fulfill the original intention of the law makers on the criminal punishment on the pick-pocketing. |
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