Objective Understanding And Modest Determination Of The Constitutive Elements Of Pickpocketing Crime

As a crime with high incidence,pickpocketing belongs to the independent behavior types,parallel to "multiple theft,burglary and theft with lethal weapon",in“Eighth Amendment to Criminal Law”,to prevent crime and protect people’s property safety better.The amendment also cancelled the starting point of sentencing for pickpocketing.Since the reform of legislation,there exist increasing contradictions on the constitutive requirements and the threshold of conviction on pickpocketing among the judiciary and theorists.This paper aims to point out the current problems of the judicial process by typical cases and to analyze the substantial causes,combining with the various views on the criminalization of pickpocketing among the current academies.Also,we provides the feasible solutions through the dogmatic argument.Specifically,this paper is divided into the following parts:The first chapter,"Problems of pickpocketing theft in judgment",presents the current problems during the judicial judgment through searching and analyzing the typical cases of "different judgments in the same case".Meanwhile,it shows the specific differences among identifications of pickpockets in various links academically.The second chapter,"Objectivism understanding of constituent elements of pickpocketing",criticizes the criminal law trend of "actor",and points out that the interpretation of "pickpocketing" should be carried out in accordance with objectivism.Pickpocketing in public causes the loss of public security and the increasing cost of social defense,which leads to the increase of infringement of legal interests.It is recognized that public places need to be treated as "environmental openness" and "personnel mobility"."Carry-on" does not infringe the so-called "personal taboo".Since it infringes the victim’s possession of property in high intensity,it has been upgraded in criminal law.The third chapter,"Modest identification of pickpocketing crime and crime of proviso",points out that the crux of pickpocketing lies in the wrong understanding of the operation mechanism of proviso.In terms of the dominant position and the evidentiary significance of proviso,legislators do not exclude the application of proviso in the judicial process.From the perspective of criminal law dogmatics,the concept of substantive illegality,which is represented by "proviso",has always occupied a powerful position.Quoting "proviso" to commit a crime is not only conducive to the coordination of criminal law system,but also to the realization of the principle of modesty in criminal law.The last part concludes the viewpoints of this paper.