扒窃司法适用新论——以两高最新司法解释为视角

A New Theory on the Judicial Application of Pickpockets——To View from the Latest Judicial Interpretation of the Supreme People's Court and the Supreme People's Procuratorate

公共交通工具是扒窃场所的注意性规定;对随身携带应作限缩性规定,仅包含贴身范围、可控制范围,排除不可控制范围;扒窃的财物体积应当较小;扒窃存在着未遂的犯罪形态;携带凶器不是扒窃的基本构成要件,但可作为量刑情节来考虑。

Public means of transport are the attentive regulations for the pickpockets. The carry - on articles should be regulated in a limited way, which only include those next to skin and controllable. The articles picked should have small volume. The pickpockets have the pattern of being uncommitted. The lethal weapons carried are not the component of pickpockets, but they can be considered as the circumstance for sentencing.