Theory Of Judicial Cognizance Of Pickpocketing And Pickpocket Crime

Pickpocketing has not been Provisions in criminal law and normative terms for interpretation.But it is an oral language used by public security organs in criminal work.With the rapid development of China's economy,the flow of people is increasing,social contradictions are becoming increasingly prominent,and the number of pick-pocketing cases is also increasing sharply.From the case of pick-pocketing,we find that there are obvious characteristics of pocketing criminals including the gang crime,running a case,committing against old and young women and children,committing close to the body.These characteristics of pickpocketing make it more harmful to society than ordinary theft.It has a deeper impact on people's sense of security.As a special type of theft,pick-pocketing has aroused great concern and attention from the community and legislators.After Criminal Law Amendment(eight)formally promulgated and implemented,"pick-pocketing" has been written into the legislation formally as a kind of special theft.The Supreme People's Court and the Supreme People's Procuratorate's Interpretation of Several Questions Concerning the Applicable Law in Handling Criminal Theft Cases(hereinafter referred to as the "Theft Interpretation of 2013")passed on March 8,2013,defined the act of pickpocketing for the first time.However,there are still some controversies in individual legal terms.The identification and punishment of pick-pocketing and pick-pocketing are not uniformed in different places too.We can see mainly in the following two aspects:First,the legal law and judicial interpretation of the definition of pick-pocketing does not use the language clearly defined in the law,judicial staff understanding of these terms are very different,resulting in the identification of pick-pocketing is very different;secondly,there are many differences and disputes about the standards and criteria for Criminal form and incrimination.I will take several key controversies in the case as the breakthrough point to analyze a case handled by myself in actual handling of a case t and highlight how to identify pickpockets and pick pocketing offense.This paper consists of over two thousand words,and it is divided into four parts.The first part is the introduction of the case and the focus of controversy.The main points are briefly introduced in this part and the focus of the controversy in this case is listed here.That is the identification of public places,public transport,portable and pickpocketing crimes.The second part is the legal reasoning analysis of related issues.This part focuses on the two aspects: pickpocketing and identification of pickpocketing offense.In the identification of pickpocketing,I will mainly focus on the deep analysis ofs everal key legal terms such as the definition of pickpocketing,the definition of public places,public transport,carry-on,ect.In the identification of the crime of pickpocketing,I will sort out and analyze the historical evolution of the crime of pickpocketing,the status quo of China's identification of the crime of pickpocketing,the distinction between the attempted crime of pickpocketing and use criminal law system to explain the principle of specific identification of the crime of pickpocketing..The third part is the analysis and conclusion of this case.Firstly,whether the place of the case belongs to the public place in the act of pickpocketing should be distinguished and determined according to whether it is open to non specific personnel for their public life.Secondly,the object of theft in this case should belong to the property carried by the victim in the act of pickpocketing because it is the property that the victim is close to or can be touched by his body at any time.Thirdly,the pickpocketing of some criminal suspects in this case belongs to the act of minor harm,and should not be investigated for criminal responsibility,but should be punished by public security organs.The fourth part is the revelation of this case?This paper studies and defines the act of pickpocketing and the crime of pickpocketing,which can be used for reference in the new judicial interpretation of theft and pickpocketing,and gradually forms a scientific and reasonable legal network of theft in China.