盗窃天然气违法行为的预防与惩治

Prevention and punishment of natural gas theft offence

为了牟取私利而盗窃国家天然气、石油资源的违法犯罪活动对企业财产安全和公共安全都有可能造成不小的威胁,严重时甚至会影响相关油气企业正常的生产经营秩序。尽管近年来我国盗窃油气发案率呈现逐年下降的趋势,但是仍然有必要进一步控制和降低我国盗窃油气犯罪的发案率和犯罪率。为了预防和惩治盗窃天然气的违法行为,基于大数据,通过裁判文书检索、数据分析等方式,统计分析了当前我国盗窃油气违法犯罪活动的年度和地域分布、犯罪行为方式和盗窃油气种类分类、犯罪结果与认定罪名分类、刑罚适用分类,以及相关司法解释在我国盗窃油气犯罪司法审判中的适用情况。进而分别从企业和社会层面、法律和司法层面提出了有针对性的预防建议和惩治建议。结论认为,只有不断提高对盗窃油气犯罪刑法功能的实现程度、高度关注刑法在盗窃油气犯罪预防及惩治中的自身完善等问题,才能切实有效地防控该类违法犯罪行为,保障我国油气资源的安全和油气企业的正常生产经营秩序。

The illegal and criminal activities of stealing gas and oil for personal purposes may pose a great threat to enterprises'property security and public security,and even impact the normal production and operation order of related oil and gas enterprises.In recent years,the incidence of oil and gas theft in China has been decreasing year by year,but it is still necessary to further control and reduce domestic incidence and crime rates of oil and gas theft.In order to prevent and punish the natural gas theft offence,this paper carries out a statistical analysis on the annual and geographic distribution,criminal act and oil and gas theft classification,criminal result and conviction classification,and penalty application classification of domestic oil and gas theft offences,as well as the application situations of relevant judicial explanation in domestic judicial trail of oil and gas theft offence by means of judicial adjudicative document retrieval and data analysis,based on the Big Data.Then,prevention and punishment suggestions were proposed specifically from the enterprise and society level and the law and judicial level,respectively.In conclusion,only by constantly improving the realization degree of the criminal law function in oil and gas theft offence and by paying close attention to the self-improvement of criminal laws in the prevention and punishment of oil and gas theft offence can this type of offence be prevented and controlled effectively and practically and the security of domestic oil and gas resources and the normal production and operation order of oil and gas enterprises be ensured.