论文部分内容阅读
连续采用破坏性手段实施盗窃公私财物的行为发生后,对此类盗窃行为如何认定和处理,目前尚无规范依据,司法实践中做法也不够统一。对此,笔者认为,可以采取类型化分析的方法,对连续采用破坏性手段实施盗窃行为进行定性和处理。一是对连续采用破坏性手段盗窃,每次破坏性手段不构成其他犯罪行为的处理。我国刑法理论将盗窃界定为秘密窃取的行为,其中,秘密窃取主要是指盗窃行为不为被害人所知,至于行为人具体采用何种手段实施秘密窃
After continuously using destructive means to carry out the theft of public and private property after the occurrence of such acts of theft how to identify and deal with, there is no standardized basis, the practice of judicial practice is not enough unity. In this regard, I believe that we can take the type of analysis of the methods used to conduct destructive means of continuous conduct of theft and conduct qualitative identification. First, the continuous use of destructive means of theft, each destructive means do not constitute other criminal acts. The theory of criminal law in our country defines theft as the act of secret theft. Among them, the secret theft mainly refers to that the theft is not known to the victim, and the means by which the agent actually adopts the secret theft