一、问题的提出一般认为,盗窃罪是以非法占有为目的,违反被害人的意志,将他人占有的财物转移给自己或者第三者占有的行为。在司法实践中,除了典型的盗窃案件外,还大量存在着使用盗窃案件。使用盗窃或者盗用,是指意图一时使用而移转财物占有的情形。盗用汽车是其典型。在德国、瑞士等刑法已经明文规定了盗用交通工具等使用盗窃罪的国家,可以直接根据刑法规定对案件作出处理。在我国,尽管对于盗用电力、盗用他 First, the problem is generally believed that theft is illegal possession for the purpose of violating the victim’s will to transfer the possession of others possession of property owned by themselves or a third party. In judicial practice, in addition to the typical cases of theft, there is also a large number of theft cases. The use of theft or misappropriation refers to the transfer of possession of property for the time being intended to be used. Pirates of the car is its typical. In Germany, Switzerland and other criminal laws have clearly stipulated that theft of vehicles and other countries using theft can directly deal with the case according to the provisions of the Criminal Law. In our country, despite the theft of power, theft of him