也论许霆案的定性

许霆案的判决定性和量刑存在一定的问题,许霆的行为不符合秘密窃取的行为类型,以盗窃罪定性并不准确;许霆的行为是侵占遗忘物,应评价为侵占罪。许霆案的生效判决不但在定性上是不恰当的,而且即便假设许霆案可以认定为盗窃罪,其生效判决的量刑理由也存在一定的不合理之处。

Still on the Nature Judgment of Xu Ting Case

The judgment of crime and its sentence of Xu Ting case is still under controversy,since his conducts do not conform to the category of secretly stealing,thus it is incorrect to judge the case as crime of theft. Actually,the conduct of Xu Ting is that of embezzlement of one's lost property,and accordingly it should be judged as crime of embezzlement. The enforced judgment is improper in nature,moreover,even if the crime of theft is accepted; the ground for its sentence is still unjustifiable.