On Pick-pocketing In The Crime Of Theft

Larceny has long been a persistent concern in academic and practical circles in China.In2011,the amendment to the criminal law(8)adds pick-pocketing as the type of theft,which exists in the criminal law system independently,and changes from the direct standard of administrative punishment to criminal punishment.Seven years have passed since the introduction of the amendment to the criminal law(viii),and a lot of Pick-pocketing activities have been punished by the criminal law.At the same time,due to the application and identification of pick pocketing cases in judicial practice,differences in the application of the law have also caused confusion and inconvenience to judicial staff.Based on this,the paper is divided into five chapters:Chapter one: after expounding the concept and features of pickpocket,the author has made clear the connotation of pickpocket,reviewed and analyzed the academic views on the subjective and objective aspects of pickpocket,and proposed that the value of the pickpocket object should be judged both subjectively and objectively.Chapter two: from the point of view of pick pocketing,analyze the patterns of pick pocketing crime,and expound the standards of accomplished and attempted pick pocketing.That is to say,based on the subjective or objective value of pick pocketing,the theory of losing control should be used as the standard to distinguish the attempted pick pocketing.Chapter 3: based on relevant cases in judicial practice,it finds the definition between the crime of Pick-pocketing and robbery and the crime of fraud of transformational robbery,so as to determine the crime of Pick-pocketing correctly.Chapter 4: the specific situation of the joint crime of Pick-pocketing is divided into simple joint crime and complex joint crime,and the emphasis is to put forward the opinion on the determination of abetting,aiding and one-sided helping criminal.Chapter five: attention should be paid to the concurrence between Pick-pocketing and other types of theft crimes and the co-existence of Pick-pocketing and other types of theft crimes in the same case,focusing on analyzing the concurrence problems and solving the conviction and sentencing problems.