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许霆案件在司法机关处的定性是盗窃罪,但学界对其行为的争论依旧激烈。本文试从我国犯罪构成要件体系去分析许霆案件,从其行为社会危害性到主观方面进行分步剖析。但文章并非每一部分都均衡着墨,而是对大家争论比较激烈的许霆行为是否有社会危害性和其行为到底符合哪一种犯罪构成要件进行了重点剖析。
Xu Ting cases in the judiciary at the qualitative crime of theft, but the academic debate on its behavior is still intense. This article tries to analyze the case of Xu Ting from the component of crime constitution in our country and analyzes it step by step from the harmfulness of the behavior to the subjective aspect. However, not every part of the article is well-balanced. Instead, it focuses on analyzing whether the behavior of Xu Ting, which is heatedly debated by the public, is socially harmful and what kind of criminal elements the behavior of which meets the requirements of the crime.