On The Criminal Justice Standard Of Pick-pocketing

Pick-pocketing was officially incorporated into the criminal law in 2011 and has become one of the acts of theft.Since the provision of pick-pocketing,there have always been different views and viewpoints not only in theoretical research,but also in practice when case handling personnel try cases.Leading to pick-pocketing cannot very good implementation in the practice that,even if the judicial interpretation issued in 2013,also did not fundamentally solve the pick-pocketing decided that there is a big controversial problems in judicial practice,especially in the judicial interpretation is given after two nouns "public" and "carry goods",on the two words that have many different understanding.In the process of the actual trial,there are different views on many problems,such as the behavior mode,proviso clause and crime form.These problems lead to investigators greatly reduced in the judicial practice of pick-pocketing,because there is no want to give a unified standard,in the process of trial,behavior person there are many loophole to drill,not only make the investigators have a headache,and also reduces the judicial credibility,reduce the authority of law,the people have to perception of fairness and justice.This article is in the analysis of pick-pocketing in the theoretical and judicial practice of various disputes,starting from the judicial perspective,to give a unified identification criteria for pick-pocketing.Firstly,the identification of pick-pocketing requires two important factors.The first is to define the "public place" and set a certain standard for the public place.The second is the definition of "carry-on property",what kind of distance can be identified as carry-on;The third is to clarify the conditions for the crime of pick-pocketing,from the perspective of behavior,whether pick-pocketing need to use a secret way;Fourth,does public pick-pocketing count as pick-pocketing in the case of conflict between pick-pocketing and the proviso,how should it be applied and how to deal with the relationship between the two in the most appropriate way? Fifth,for the dispute of criminal pattern,we should adopt the standard of "out of control" seat division to better deal with the crime of pick-pocketing.Finally,this article from the pick-pocketing and the ordinary theft behavior characteristic carries on the distinction,thus better recognizes the pick-pocketing behavior.Since it is difficult for us to change the current situation of legislation,this paper,through some disputes in practice,gives pick-pocketing a new way of identification.It is also because of the flexibility in the crime of pick-pocketing that we can make a more suitable explanation for today’s life when The Times develop.