论盗窃罪的想像竞合犯

The Imaginative Jointer of Offence of the Crime of Theft

司法实践中 ,盗窃罪与其他犯罪之间存在想象竞合犯的问题。而且 ,对此问题如何认定和处理一直是个难点 ,本文结合刑法理论和司法解释进行了探讨 ,以期为刑事司法实践正确认定处理盗窃罪的想像竞合犯提供参考。

In the process of judicial practice,it exists a problem of the imaginative jointer of offences between the crime of theft and other crimes.And it has been a difficult point how to define and to handle this problem.The article has studied it combining the theories of criminal law the judicial interpretations,hoping to give some references to the judicial people so that they can correctly define and punish the imaginative jointer of offences of the crime of theft.