论盗窃未遂的定罪处罚

On Conviction and Punishment of Attempted Crime of Theft

对我国《刑法》中的"盗窃未遂"进行了分析,认为盗窃未遂行为理应追究刑事责任。对盗窃未遂行为的判断标准应该从盗窃数额、盗窃次数以及其他情节这三个方面来考虑。盗窃目标数额巨大,一年内实施3次以上,且非危害性不大、小偷小摸的盗窃行为;情节特别严重的盗窃行为,应以盗窃未遂定罪,且都可以独立作为盗窃未遂的判断标准,行为人的行为符合其中一种情况即可定罪处罚。

The attempted crime of theft in Criminal Law of China is analyzed, which is considered ought to investigate criminal responsibility. The judgment standard of attempted crime of theft should be considered from three aspects： the amount of theft, the times of theft, and other circumstances. The following criminal offences should be declared guilty with attempted crime of theft, and can be regarded as the judgment standard of attempted crime of theft independently： The stealing target is enormous; Implementing three or more times in one year and the stealing behavior of the petty thefts not big of harmfulness; The stealing behavior which has exceptionally serious nature. The conviction and criminal punishment can be declared when the actor＇s behavior accords with one kind of situation among above.