Research On The Judicial Application Of Pick-pocketing Theft

In May 1, 2011 the implementation of The Criminal Law Amendment(Eight) has taken pick-pocketing into criminal behavior, however, the academic and practical circles both in criminal law text itself more disputes, and in judicial practice is not a recognized treatment.Especially the pick-pocketing into the penalty has been more 4 years, although the period has been awarded for The Giving of for Some Issues of Applicable Law in Criminal Cases of Theft Explanations, Sentencing of Common Crime Sentencing Guidelines and of Common Crime of Theft Rules for the Implementation of the Judicial Application shall be perfected accordingly, however, theft in judicial application still has exposed many problems: such as "types of behaviour are not clear and competition principle of chaos"; "the legislature will steal into the punishment means to be in the judicial pick-pocketing crime", and "how to define the crime of theft and theft of administrative law; the penalty is not balanced and the sentencing deviation penalty pick-pocketing theft cases " and so on, are to be solved.Therefore, in theory there are still further research on pick-pocketing necessary. Moreover,only for the difficult problems in practice accurately sure, can better resolve the dispute,punishing crimes, protecting human rights, in order to better protect people's sense of security,which also makes in-depth research on theft more urgent. This paper intends to apply to China's current pick-pocketing theft law problem analysis, then put forward the corresponding improvement suggestions, in order to the benefit of the relevant judicial practice, so as to realize the reasonable regulation of theft and pick-pocketing type full protection of the property rights and interests of citizens.These thesis is divided into three chapters:The first chapter: pick-pocketing theft for judgment.The author presents characteristics in China-law-info database with theft for retrieval, and collection is 2132 during the period from June 1, 2014 to November 31, 2014 a judge for a trial type of theft cases. By combining graph method, comparative research method, empirical research method in these cases,qualitative, amount, object, location, the penalty for such elements are extracted and analyzed,summarizes the factors affecting the theft constitutes a crime in practice, summarizes some characteristics and rules about the crime of stealing in terms of conviction and sentencing practice, to lay the foundation for the following analysis of survey data based on the problemsof support.The second chapter: several pick-pocketing problems in the process of applying the type theft. Reling on the above empirical research data, it analyzes problems of pick-pocketing theft existing in the application of law:(I) types of behaviour are not clear and competition principle of chaos;(II) pick-pocketing crime of theft and illegal administrative boundaries are unknown;(III) the penalty for not equilibrium and the existence of sentencing deviation. To solve these problems and clarify the existing theoretical controversy at the same time, for the following based on the existing problems of pick-pocketing type theft judicial application improvement has been clear about the key research object.The third chapter: the improvement of pick-pocketing type of theft judicial application.Reling on the empirical research data, problems such as the object, consummate theory oriented, and this chapter is mainly put forward the corresponding improvement suggestions aiming at the existing problems:(I) clear theft type between the competing principles;(II)clear pick-pocketing crime of theft and illegal administrative boundaries;(III) promote the pick-pocketing theft penalty applicable balance and sentencing justice.