刑法修正案（八）中入户盗窃问题研究——以彭某入户盗窃案为例

中华人民共和国刑法修正案（八）对盗窃罪进行了修改,新增入户盗窃行为以盗窃罪论处,且对入户盗窃没有数额和情节的规定。那么是否入户盗窃行为就没有数额和情节的限制了,只要是入户盗窃都一律按盗窃罪论处呢？文章从一个典型案例入手来探讨入户盗窃是否需要数额和情节的问题。     

警犬在盗窃公用电信设施案中的应用

警犬在打击和预防犯罪过程中发挥了积极的作用，特别在盗窃公用电信设施案中作用更为突出。警犬一般都有高级神经活动机能，有敏锐的嗅觉、听觉和视觉等感觉器官，具有凶猛性、灵活性和飞快的奔跑能力等警用素质，是公安机关执行任务的一种特殊工具。在盗窃公用电信设施案中，报警及时、出警迅速，警犬的使用有很好的时间条件，要充分利用警犬的特殊功能为公安工作服务。     

利用ATM故障恶意取款案的法律性质辨析

Malicious withdrawal from ATM constitutes offence of theft and belongs to “theft from financial institutions”. In case of “extremely huge amount”, according to China’s Criminal Law, the minimum statutory penalty for the accused is life imprisonment, which is undoubtedly too severe. So far as judiciaries are concerned, reflection should be made with respect to the relevant legislative provisions. In handling individual cases, the wisest practice for judiciaries is to refer to the provision of clause 2 of article 63 of the Criminal Law, hence submitting them to the examination and approval by the Supreme Court for mitigation of penalties. Fu liqing, Ph.D graduate of Peking University (major in the science of criminal law), is now a lecturer at Law School of Renmin University of China. He once learned at Law School of Tokyo University of Japan (2004.10∼2006.9). His representative works are Make-up of the Rule of Law, Voice of the Rule of Law, Theory of the Subjective Illegal Elements—Evolving with the center of intention crime. Meanwhile, he has about 40 articles published in academic journals. His recent research is in the field of theoretic re-construction of the constitutive crime elements and the application of interpretation method on criminal law, etc.     

关于盗窃罪司法解释的思考

新近公布的盗窃罪司法解释全面贯彻了宽严相济的基本刑事政策。盗窃是否意味着"秘密窃取",旧司法解释将其定义为秘密窃取,而新司法解释则适应犯罪形势变化的需求取消了该规定。在盗窃罪牵连犯的处罚原则上,新司法解释确定为从一重从重处罚,更符合罪责刑相适应原则。单位相关人员犯非法定单位犯罪是否构成盗窃罪应以自然人的盗窃罪犯罪构成要件为判断标准,符合盗窃罪构成要件的应依法追究相关人员的刑事责任。     

对盗窃数额在认定方面的一点思考

盗窃罪在我国属于常见多发的财产型犯罪。盗窃数额对盗窃罪的定罪与量刑具有关键的作用,立法上规定了“数额较大或者多次盗窃”,“数额巨大或者有其他严重情节”、“数额特别巨大或者有特别严重情节”及“有下列情形之一”几种情形作为定罪及量刑情节。因此正确的认定盗窃数额在司法实践中具有重要的意义。本文从一个小的方面来谈一下对盗窃数额的认定。     

“使用盗窃”行为之定性分析

一般意义上，盗窃罪是指以非法占有为目的，秘密窃取他人财物的行为。但是随着财产类型的多元化，“使用盗窃”行为逐渐纳入我国刑法理论视野。但是由于其缺乏普通盗窃罪的非法占有目的，被认为不构成盗窃罪。面对我国使用盗窃行为不断增长的态势和其所产生的社会危害性，我国应该将使用盗窃行为入罪，设立使用盗窃罪，并配之相应的法定刑。     

Bowden v. Caldor

Abstract

Using the facts of the Bowden v. Caldorlawsuit in which Bowden alleges the intentional infliction of emotional distress, defamation, false imprisonment, malicious prosecution, and wrongful discharge against his employer, this paper explores the mistreatment at the hands of private security officers and store personnel. This exploration is important because it discusses several issues such as: (1) the racially influenced misconduct of private security officers; (2) the damage awards often awarded to victims of private security misconduct; (3) the effect deceptive practices can have on false confessions, especially those of juveniles; and (4) the abuse of juveniles by private security officers. To curtail abusive practices, the authors recommend that store owners establish more stringent store policies pertaining to handling employees during theft investigations.     

A linear model of fine enforcement with application to England and Wales

Fines are the most common sanction against criminal offenders in many countries. Economists have developed models for determining the optimal use of fines. Their models, however, generally abstract from problems of fine enforcement and assume that all fines are collected and that enforcement costs are zero. Criminologists and practitioners, on the other hand, have been very much aware of enforcement costs. Imprisonment for fine default is particularly costly and exacerbates the crowded prison conditions that exist in many countries. This paper extends previous economic models by dropping the limiting assumption of zero enforcement costs. The model is estimated using data from England and Wales and is used to evaluate alternative methods and levels of fine enforcement.     

GIRL FRIENDS ARE BETTER: GENDER,FRIENDS, AND CRIME AMONG SCHOOL AND STREET YOUTH*

In recent years, popular media has drawn attention to “mean girls” and their negative treatment of others, particularly other females. But while the attention to girls' aggression and their mistreatment of their peers highlights understudied aspects of female behavior, it neglects the beneficial aspects of female friendship. We argue that compared to relationships with males, friendships with females provide more social control, fewer opportunities and less motivation for offending and may therefore discourage crime. Because an adolescent's gender likely influences the association between the gender of one's friends and crime, we anticipate that the association will be stronger for females than for males. The relationship is also likely affected by the context in which relationships originate; we expect that those that develop in less conventional contexts will have weaker effects on crime. We explore these hypotheses with a comparative analysis of effects of friendships on property crime in two samples of youth: those who live at home and attend school and those who are homeless and spend their days and nights on the street. Our findings support our hypotheses. The relationship between female‐dominated friendship networks and property crime is negative and significant; however, this association is strongest for school females, weaker for school males and females who live on the street, and nonsignificant for homeless males.