盗窃罪新增行为方式评析

Analysis on the New Behavior Patterns of Larceny

《刑法修正案(八)》将"入户盗窃"、"携带凶器盗窃"及"扒窃"作为盗窃罪新的行为方式,体现了刑法打击犯罪、保障人权的功能。从司法适用的角度看,有必要对这三种行为方式进行解读,以更好的指导实践。对于"入户盗窃",我们可以从"户"的界定,"入户"目的的非法性进行阐释;对于"携带凶器盗窃",我们可以从"凶器"的认定,"携带凶器盗窃"行为的起算时间两方面理解;对于"扒窃"的认定,我们可以从扒窃行为发生在公共场所内和扒窃的对象具有随身性两个特征来着手。

In the ＂Sth Amendment of Criminal Law＂ ,＂indoor thefts＂ ,＂ thefts with lethal weapon＂ and ＂pick -pocketing＂ have been regulated as the new behavior patterns of larceny,which does reflect the function of the Criminal Law to fight a- gainst crimes and protect human rights. From the aspect of judicial application, it＇ s necessary to analyze these three behavior patterns to better guide the practice. For ＂indoor theft＂, we could define it from ＂indoor＂ and illustrate the illegality of the ＂indoor＂ pmlx^e;while for ＂theft with lethal weapon＂ ,we could understand the behavior pattern from two aspects：say the i- dentification of the ＂lethal weapon＂ and the starting time of the ＂theft with lethal weapon＂. And for the determination of a ＂pick -pocketing＂,we could start it from its two characteristics, say that it has always occurred in the public and that the object of a pick - pocketing is featured with portable character.