Research On The Problems And Solutions Of Pocket Crime In China

Pocket crime results from some charges in an indictment in criminal law which are highly overarching or judicial sluggishness. In China, pocket crime already existed in 1979's criminal law the new China's first criminal law. As The World Changes, pocket crime charges, but it never be eliminated from criminal law anyway, but it's existence is very important to coordinate criminal law and social relations, but with time goes by, we gradually realize that it bring about some tricky chaotic phenomena. Some of those chaotic phenomena may infringe the rights of populace. Pocket crime not only results from legislation but also from judiciary. To solve those chaotic phenomena pocket crime facing, we need to think out some solution synthesizing two sides of the coin.There are 30 thousand words in this paper constituting three parts, except introduction and epilogue.First part of this paper is pocket crime summary. Current pocket crime in criminal law comes from the remains of 1979's criminal law and translation of ordinary crimes. Those crimes locate in different place in the criminal law and involve different fields and also have many other differences but there are a foremost similarity--they are both pocket crime, they have pocket crime's specialty. This point is the base of this paper.Second part is the discussion of the problems of pocket crime in juridical practice. The judiciary chaotic phenomena of pocket crime including the improper expanding of the crime circle and sentencing counterspell condemned and encourage judicial inertia?the expansion and dislocation of judicial interpretation. No matter where the problem lies in legislation or judiciary, all the problem definitely reflect in juridical practice finally. After all, practice is the only way to test all the truth. The problem of pocket crime in juridical practice is not just involve one aspect, it affect many other aspects, including conviction and discretion of punishment, we can solve those problems only after finding them out.Third part is the improvement of the legislation and judiciary. The solution of legislation is that improve prosecution standard and sentencing ladder and so on. Pocket crime is not completely independent of other crimes, Every crime in the criminal law has internal relations with others. So, the improvement of pocket crime's legislation not only involves pocket crime but also ordinary crimes. The improvement of judiciary aspect, include the balance between principle of legally and social jeopardy and the interpretation of criminal law and relief afterward and so on. Judiciary is the foothold of legislation, and also the method to test if it is useful, which the author put forward at the fore. Only solve the problem in one aspect, cannot get pocket crime out of trouble completely. We can only solve the problem by improvement of both the legislation and judiciary.