扒窃的实质解释——以结果无价值为基本立场

刑法上的扒窃需要充分考虑刑法目的和罪刑法定原则进行实质解释.扒窃入罪的根据应站在结果无价值立场进行分析,这一根据正是甄别、筛选和归纳扒窃概念诸要素的实质理由.扒窃行为只有达到足以造成数额较大损失的程度才能认定为犯罪.依此,扒窃是指行为人在公共领域对一般人所携带财物实施的技术性盗窃行为.同时,刑法上扒窃不以财物“随身”携带和“秘密性”为必要条件.

The Substantial Interpretation of Purse-Cutting——Taking the Anti-value Results as the Basic Position

Pick pocketing should be interpretaed substantively under the criminal purpose and requirements of the principle of legality. Purse-cutting being treated as an offense should be analyzed from the point of view of the Anti-value Results. It is the substantial reason to screen, select Purse-cutting act can cause large amount of losses, it should be and induct Purse-cutting connotation. Only when recognized as a crime. It refers to the behavior of people in public places to use technical means to steal the property which occupied by any specific person. !The Se- crecy or the property carrying on the body is not Purse-Cutting＇ s elements.