“于一家频盗及一时而盗数家”的古代立法及其现代启示  

Ancient Legislation of “Frequent Stealing of the Same Family and Theft of Several Families at the Same Time” and Its Modern Enlightenment

作　　者：孙向阳[1] 

机构地区：[1]中南财经政法大学法学院,湖北武汉430074

出　　处：《河南财经政法大学学报》2013年第6期176-182,共7页Journal of Henan University of Economics and Law

摘　　要：唐律在"窃盗"条的疏文中规定"其有于一家频盗及一时而盗数家者,并累而倍论",古代自此始有"于一家频盗"和"一时而盗数家"这种犯罪形态和计赃规则的专门立法,元律和明清律对此予以变更,并在计赃上"以一主为重"。相比之下,唐律"累而倍论"的计赃规则公平合理。这种形态无论是古代还是现代,都是客观存在的社会现实,古代窃盗立法的"于一家频盗"和"一时而盗数家"形态的提出以及立法处置,对我们研究现代相关犯罪同样情形的形态认定和法律适用具有启发意义。The term about ＂theft＂ in the law of Tang Dynasty provides that for ＂frequent stealing of the same family and theft of several families at the same time, the punishment is based on the cumulative amount＂. Since then, specific legislations had been made for such crime forms and metering spoils. The legislation was modified in Yuan and the Ming Qing Dynasty, and when metering spoils, there was added the rule＂ to punish based on the main theft＂. By contrast, the rule for metering spoils for＂ punishment based on the cumulative amount＂ in the law of Tang Dynasty is fairer and more reasonable. Such crime forms, whether in the ancient or in the modern time, are objective social reality. Both the legislative proposal of the crime form ＂stealing several times of the same＂ and ＂theft of several people at the same time＂ and the legislative disposal to them are instructive to our study on the morphological identification and application of law for the modem related crimes in the same situation.

关 键 词：频盗 盗数家 立法 现代启示 

分 类 号：D929[政治法律—法学]