The Study Of Judicial Problems Of Pocket-picking Sentence In Criminal Law

As one kind of cases of property tort frequently occurring,pick-pocketing often happens on public transport means or crowded public areas including bus stations,wharves,shops,trade markets,cinemas.The eighth amendment to the Criminal Law on February 25 th,2011 has stipulated that pick-pocketing is a kind of stealing crime.However,related controversies,which mainly focus on not only the identification of “public areas” and “carrying things on one's person” in dogmatics of law but also practical problems of evidence,the fairness and matching of crime and punishment and the state of finished or unfinished,have never stopped and maked grass-roots personnel handling cases confused,exerting negative impact on the implement,authority and justice of law.This paper deeply expounds the theoretical and practical problems of pick-pocketing and systematically discusses how to identify such key conceptions as “public areas” and “carrying things on one's person”.On this basis,this paper supports the “next to the skin” theory adopted by the supreme court of China,which identifies “carrying things on one's person” in the respect of victim's personal taboo.Moreover,this paper tries to solve related practical problems through legislation and judiciary.The suggestions include adding special charges,confirming detailed standards,regulating practice operation,perfecting evidence system and strengthening legal supervision.