盗窃罪司法疑难问题研究——几种特殊行为罪与非罪的思考

Research on judicial Ratty problems concerning larceny——Focusing or the crime and nonprime of several special acts

盗窃罪是司法实践中最常见的犯罪类型之一。对盗窃罪的认定存在众多的疑难问题,特别涉及到罪与非罪时,其判断标准更是争议颇多。在司法实践中,盗窃自家或近亲属财物,盗窃与他人共有财物,非法取得死人财物,窃取自己已被没收的财物及窃取自己所有而被他人占有的财物是比较常见的行为,这些行为与典型盗窃罪存在着若干差异。这些差异是否影响到盗窃罪之成立需要具体分析。

Larceny is one of the most common types of crime in judicial practice. There are many knotty problems in determining the commission of larceny. Especially, when involving the judgment of the crime and noncrime, the criteria of the judgment are often controversial. In judicial practice, such acts are common as stealing the property of one's own or near relatives, stealing the community property, illegally acquiring the property of the dead, stealing one's property which has already been confiscated and stealing property which owned by oneself while is actually in possession of others. These acts vary from the typical larceny. It needs specific analysis whether these differences will effect the establishment of the larceny.