“静态盗窃”若干问题的深度剖析

The Deliberate Profiling of Several Issues on the "Static Theft"

从原则上看,盗窃的一般实行行为都有动态的外部表征,通过秘密地破坏占有建立新的占有而窃取财物。然,作为例外的静态盗窃,因其行为的静止,使得对其占有认定与行为着手上与传统理论存在差异。对传统盗窃相关理论进行取舍与修正,能解开"静态盗窃"中占有、着手、既遂判断的神秘面纱,从理论与实务层面对其做出解释、提出应对之策。

Generally, the implemented behavior of theft has dynamic and external features, in other words, it is to secretly destroy the former possession and establish new ownership of property. However, static theft is an exception, due to the static feature, the identification of the possession and behavior is different from the traditional theory. By choosing and correcting the traditional theory, the difficulties in judeg-ment of ＂static theft＂ can be resloved, and from the theoretical and practical levels, ＂static theft＂ can be explained and countermeasures can be proposed.