新形势下盗窃犯罪若干问题探究

《刑法修正案（八）》增加了盗窃罪的行为方式，对该罪的定罪量刑进行了调整，包括细化追诉标准、认定犯罪停止形态等。文章分析了入户盗窃、扒窃、携带凶器盗窃的认定与适用，认为将“入户盗窃”和“扒窃”作为行为犯对待更符合立法原意和宗旨，同时这种新增的犯罪未遂形态与犯罪理论的停止形态也并不矛盾。

Research on Problems in Theft Crimes under the New Situation

The acts of theft have been increased in＂ Criminal Law Amendment （8）＂ and the relevant conviction and sentencing have also been adjusted, including detailed prosecution standards, identification of criminal cessation pat- tern, etc. The article analyzes the identification and application of indoor theft, pick - pocketing, and theft with lethal weapon ,points out that it is more in line with the legislative intent and purpose to handle ＂indoor theft＂ and ＂pick - pocketing＂ as behavioral offence, and that this new form of attempted crime is not contrary to the cessation pat- tern in crime theory.