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《刑法修正案(八)》对传统盗窃罪进行了重大修正,将“入户盗窃”、“携带凶器盗窃”、“扒窃”直接入罪,没有数额限制。这三种行为入罪以来,围绕如何合理界定其成立要素,学者们各抒己见,争议颇大。与此同时,新型盗窃行为在司法适用时,需要以《刑法》第十三条为指导,除了理解用语含义之外,还要结合案件具体量刑情节,做出公正合理的审判。
The Amendment to the Criminal Law (8) has made significant amendments to the traditional crime of theft, with no restriction on the number of “direct burglary”, “personal burglary” and “pickpocketing”. Since these three kinds of behaviors were convicted of sin, scholars have expressed controversies around how to rationally define the elements of their establishment. At the same time, the new type of theft needs to be guided by Article 13 of the Criminal Law in judicial application. In addition to understanding the meanings of the terms, the new type of theft should be conducted in a just and reasonable trial in light of the circumstances of the specific sentencing of the case.