扒窃型盗窃罪研究-法律专业论文.docxVIP

II Abstract Since the provision of pick-pocketing was included into the Criminal Law, the number of larceny due to pick-pocketing has increased greatly. It has become the focus of theory and law-practice that how to properly sentence the case of pick-pocketing. This paper aims to analyze the background of the incriminating of pick-pocketing, clarify the nature of the larceny caused by pick-pocketing, explore the properties of the crime of pick-pocketing, and then try to solve the difficult problems in judicial practice based on what we have done. The thesis will be discussed in five parts: The first part is the justification for the crime of pick-pocketing. It will be discussed from the perspectives of the necessity and rationality. The second part is to explore the nature of the incriminating of pick-pocketing. By criticizing the theory of legal fiction and justifying the theory of substantial change, we will come to the conclusion that the incriminating of pick-pocketing is one kind of substantial change. The third part deals with the comparison of the pick-pocketing and adjacent behavior. First the crime of pick-pocketing and ordinary larceny will be compared, and then the crime of pick-pocketing and ordinary pick-pocketing will be compared. The fourth part is a study of completion pattern of larceny due to pick-pocketing. Firstly, this chapter will discuss the completion of the crime of pick-pocketing from the perspective of behavioral offence and then weigh the advantages and disadvantages of it. Secondly, the completion of the crime of pick-pocketing from the perspective of consequential offence will be contained, and we will weigh the advantages and disadvantages of this view. Finally, we come to our conclusion that we should keep away from the paradigm of behavioral offence and consequential offence, and take a practical middle path. The fifth part deals with the difficult problems in judicial practice about the crime of pick-pocketing. This chapter tries