The Empirical Research On Some Theoretical Issues Of Pickpocket

Since pickpocket has been enacted in Amendment VIII to the Criminal Law of the People's Republic of China,there is a heated debate about pickpocket in theoretical and practical circle.In theoretical circle,Professor Zhang Mingkai believes that stealing other people's belongings in public places is equivalent to pickpocket.Professor Chen Xingliang maintains that stealing other people's belongings by knives or picking is regarded as pickpocket.Professor Che Hao insists that stealing other people's belongings at close range is equal to pickpocket.In practical circle,some from the judicial branches hold that the act of pickpocket can be convicted as theft regardless of the amount of pickpocket.Others believe that the amount of pickpocket is a necessity for conviction.Divergence on pickpocket not only arises fierce debate but also troubles policemen.In the aim of appropriately applying the amendment of theft in Amendment VIII to the Criminal Law of the People's Republic of China,“Explanation on Law Application of Theft” issued by the Supreme People's Court and the Supreme People's Procuratorate stipulates that stealing other people's belongings in public places or public transportation is regarded as pickpocket,which details pickpocket as well as provides standard for judicial practice circle.However,this standard is so sketchy that practical problems cannot be solved.For example,how to explain “public places or public transportation”,“the defination of belongings” and “whether the amount of pickpocket is a necessity for conviction”.Most of traditional theoretical researches on pickpocket can solve the problems on pickpocket in a degree.However,the research methods limited in theory are nominal owing to the difficulty in operation.So,in order to specify,define as well as apply the stipulation of pickpocket,the author makes own point by looking up great amounts of data,referring the views on pickpocket in theoretical circle,and combining the internship experience in judicial branches.The combination of theory and practice not only can convince theoretical circle but also provide reference to judicial practice.From the author's point of view,pickpocket is an act that steal other people's belongings which is taken along in public places or public transportation by the means of non-violent and secret stealing.“public places” require opening to all people in terms of function and time.The definition of belongings is the properties which is taken along.The secrecy of pickpocket is relatively confidential.Pickpocket that constitutes theft does not require the amounts for pickpocket is behavioral offense.Pickpocket that constitutes theft can be divided as accomplished crime and attempted crime.The touch of perpetrator's fingers or tools to outer of the pocket with victim's properties can be regarded as initiate crime.The loss of property control is deemed as accomplished crime.If not,is perceived as attempted crime.Not all pickpockets are convicted as theft and should be punished.Proviso clauses should restrict the conviction of theft and crime circumstances should be taken into consideration.When concurrence of pickpocket and other theft,the conviction should be determined case by case in terms of incrimination and sentencing criterion.