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随着近年刑法理论的完善,对盗窃本人所有财物中平和的取回本人所有被他人非法占有的财物,以及对公共场所管理人主客观方面判断是否有对遗忘财物的保管行为,判断盗窃罪的构成存在争议。本文通过当然解释的方法,推导出平和方式取回自己被他人非法占有的财物不应认定为盗窃的结论。作者希望通过分析盗窃罪的该当性,对区分罪与非罪、盗窃罪与侵占罪提供实践指导意义。
With the improvement of the theory of criminal law in recent years, theft of all my belongings and the peaceful recovery of all illegally possessed property of others, as well as the public and subjective and objective aspects of management to determine whether there is the custody of forgotten property to determine the theft Composition is controversial. This article, by way of explanation of course, deduces the conclusion that peaceful means of recovering property that is illegally possessed by others should not be considered as theft. The author hopes that by analyzing the appropriateness of theft crime, it can provide practical guidance for distinguishing crime from non-crime, theft and embezzlement.