如今，许多城市的绿化带都种植了月季，有的市民看到鲜花十分漂亮，便想着挖两棵回家栽种，还不以为然觉得是桩小事，殊不知已经涉嫌违法。近日，全国多地出现公共场所月季被盗事件，多人因此被拘留，后悔莫及。

挖绿化带月季被拘引争议

被盗的月季

5月1日，山东宁阳县公安局接到宁阳县园林局工作人员报警称，宁阳大道与禹王大道交叉口处的绿化景观月季被盗，民警迅速展开调查工作。5月6日，民警在乡饮乡某村发现一户人家大门外空地处栽种的月季，就是宁阳大道上被盗的月季。原来，周某在去宁阳的路上发现路边种植的月季花很漂亮，遂产生据为己有的想法，于是，在5月1日凌晨1时许下班后，便将看中的月季花拔掉带回家中，栽种在了自家大门外空地处。周某因盗窃被宁阳公安依法行政拘留。

周某被宁阳公安依法行政拘留（图片来源：宁阳警方）

4月18日8时许，泗店派出所民警接某村村书记报警称，村大队南北公路绿化带内种植的月季被盗。民警通过缜密侦查，成功锁定嫌疑人赵某，并赶到赵某家中将其抓获，经询问，违法行为人赵某对其违法行为供认不讳，因盗窃已被宁阳公安依法行政处罚。

上述案件信息引发网民关注。有评论称，“两棵月季值多少钱？这不到50元案值够拘留否？”“这种小偷小摸的教育罚款就可以了，干嘛要拘留？”“拘留判重了吧？处罚他另买一棵价值相当的栽回去，哪怕再罚几百元也行。”

赵某被宁阳公安依法行政处罚（图片来源：宁阳警方）

每棵月季三四百元，已是最轻处罚

记者联系了宁阳县城市管护服务中心，一位工作人员介绍，其中一起案件中的宁阳大道与禹王大道交叉口处的绿化景观是由当地一家园林公司管护。该公司工作人员告诉记者，该公司种植的月季已开花，发生了多次被偷盗的情况，被抓到的偷盗者很少，“那些月季花是树状月季，每棵价值约三四百元。”

从宁阳警方公布的信息看，两起案件素材来源乡饮派出所和泗店派出所。记者联系了宁阳县公安局乡饮派出所，一位工作人员告诉记者，据他了解，该所办理的那起案件中，违法行为人被罚款和行政拘留。其表示，违法行为人对自己偷盗月季花的行为供认不讳，依据案件性质，这已是最轻的处罚。

全国多地均有发生，类似案例值得警醒

将月季挖回家栽种受处罚的案例，国内多地均有发生，值得警醒。

上个月初，湖北大冶李某的妻子看到绿化带里的月季十分漂亮，回家后遂向丈夫提出将绿化带里的月季挖几棵回家栽种。

“刚开始丈夫不同意，但禁不住我软磨硬泡。”李某的妻子说，丈夫表示城区到处都是监控，很容易被拍下来。但由于妻子一直惦记着那漂亮的月季，多次在其耳边唠叨。为了满足妻子的心愿，李某计划找一处没有监控的地方下手。还叫上打工回来的妻弟，三人趁着夜色，找到高铁大道沿线无摄像头的偏僻处，分两次盗走19棵月季，这些月季择日退还园林部门，3人因涉嫌盗窃被大冶警方先行行政拘留，待物价鉴定后或转刑事案件办理。

李某夫妻两人落网

李某指认现场

此前，四川宣汉县48岁男子王某，为了每天送一朵花给妻子“制造浪漫”，他用手拔的方式，盗走沿途绿化带16棵月季种在了自家菜地，因此被行政拘留15天。

王某被拘留（图片来源：红星新闻）

另据微峨眉5月16日消息：峨眉山市的绿化带月季花频繁被盗，短时间内就有300余株月季花被盗，给城市绿化工作带来了严重的损失。

绿化带里的月季被盗（图片来源：微峨眉）

为了防止此类事件再次发生，园林部门安排工人进行不间断巡逻，及时发现并制止盗采行为。峨眉山市公安局名山派出所已多次接到市民报警，成功破获了多起月季花被盗案件，并表示依法严惩。

律师：挖月季属于违法甚至犯罪

浙江浙杭律师事务所合伙人孙子见表示，盗窃可以是一般违法行为，还可以是犯罪行为。如果盗窃的财物数额较小，一般应当依照治安管理处罚法的规定给予处罚，不需要动用刑罚。《中华人民共和国治安管理处罚法》规定：盗窃、诈骗、哄抢、抢夺、敲诈勒索或者故意损毁公私财物的，处5日以上10日以下拘留，可以并处500元以下罚款；情节较重的，处10日以上15日以下拘留，可以并处1000元以下罚款。

孙子见介绍，盗窃罪是指以非法占有为目的，窃取他人占有的数额较大的财物，或者多次盗窃、入户盗窃、携带凶器盗窃，扒窃的行为。《最高人民法院最高人民检察院关于办理盗窃刑事案件适用法律若干问题的解释》规定：盗窃公私财物价值一千元至三千元以上，三万元至十万元以上、三十万元至五十万元以上的，应当分别认定为刑法规定的“数额较大”“数额巨大”“数额特别巨大”。但对于一些特定的盗窃行为，只要实施了盗窃行为，即使达不到数额较大的条件，因该行为的社会危害性，也构成犯罪。这些行为包括：多次盗窃、入户盗窃、携带凶器盗窃、扒窃。

极目新闻综合大皖新闻、红星新闻、微峨眉

（来源：极目新闻）

新闻译文：

Nowadays, many cities have planted roses in their green belts. Some citizens, seeing the beautiful flowers, think of digging two and planting them at home. They don't think it's a small matter, but they don't realize it's already illegal. Recently, there have been incidents of roses being stolen from public places in many parts of the country, and many people have been detained as a result, leaving no room for regret.

Controversy over the detention of roses in digging green belts

The Stolen Rose

On May 1st, the Public security Bureau of Ningyang County, Shandong Province, received a report from a staff member of the Ningyang County Landscape Bureau that the green landscape roses at the intersection of Ningyang Avenue and Yuwang Avenue had been stolen. The police quickly launched an investigation. On May 6th, police discovered a rose planted in the outer space of a household's gate in a village of Xiangyin Township, which was stolen from Ningyang Avenue. Originally, on his way to Ningyang, Zhou discovered that the roses planted on the roadside were very beautiful, so he had the idea of taking them as his own. So, after finishing work at around 1am on May 1st, he pulled out the roses he liked and took them home, planting them in the outer space outside his own door. Zhou was administratively detained by Ningyang Public Security for theft in accordance with the law.

Zhou was administratively detained by Ningyang Public Security in accordance with the law (Image source: Ningyang Police)

At around 8:00 am on April 18th, police officers from Sidian Police station received a report from a village secretary stating that roses planted in the green belt of the north-south highway of the village brigade had been stolen. Through meticulous investigation, the police successfully identified the suspect Zhao and rushed to his home to arrest him. After questioning, the perpetrator Zhao confessed to his illegal behavior and was punished by Ningyang Public Security for theft in accordance with the law.

The above case information has attracted the attention of netizens. A comment said, "How much is two roses worth? Is this less than 50 yuan worth enough for detention?" "This kind of petty theft education fine is enough, why detention?" "Detention is a heavy sentence, isn't it? Punish him to buy another rose with a similar value and plant it back, even if he is fined a few hundred yuan more."

Zhao was administratively punished by Ningyang Public Security in accordance with the law (Image source: Ningyang Police)

Three to four hundred yuan per rose is already the lightest punishment

The reporter contacted the Urban management Service center of Ningyang County, and a staff member explained that in one case, the green landscape at the intersection of Ningyang Avenue and Yuwang Avenue was managed and maintained by a local landscaping company. The company staff told reporters that the roses planted by the company have bloomed and have been stolen multiple times, with very few thieves caught. "Those roses are tree shaped roses, each worth about three to four hundred yuan."

According to the information released by the Ningyang police, the materials for the two cases were sourced from the Xiangyin Police Station and the Sidian Police Station. The reporter contacted the Xiangyin Police Station of Ningyang County Public Security Bureau, and a staff member told the reporter that according to his understanding, in the case handled by the station, the violator was fined and administratively detained. It stated that the offender confessed to stealing roses, and based on the nature of the case, this is already the lightest punishment.

Similar cases have occurred in many parts of the country and are worth alerting to

Cases of punishment for digging roses back home for planting have occurred in many parts of China, which is worth alerting.

At the beginning of last month, Li's wife from Daye, Hubei Province saw the roses in the green belt very beautiful. After returning home, she suggested to her husband to dig a few roses from the green belt and plant them at home.

"At first, my husband didn't agree, but I couldn't resist making excuses," Li's wife said. Her husband said that surveillance cameras were everywhere in the city and it was easy to get caught on camera. But because my wife has always been thinking about that beautiful rose, she has repeatedly nagged in her ear. In order to fulfill his wife's wish, Li plans to find a place without surveillance. He also called his wife and younger brother who had returned from work, and the three of them took advantage of the darkness to find a remote area along the high-speed railway avenue without cameras. They stole 19 roses in two separate attempts, and these roses were returned to the landscaping department on a certain day. The three were administratively detained by the Daye police on suspicion of theft, and were either transferred to criminal cases after price appraisal.

Li and his wife have been caught

Li identified the scene

Previously, Wang, a 48 year old man from Xuanhan County, Sichuan, stole 16 roses from the green belt along the way and planted them in his own vegetable garden by hand in order to create romance by giving his wife a flower every day. As a result, he was administratively detained for 15 days.

Wang is detained (Image source: Red Star News)

According to a report from Wei'emei on May 16th, the green belts of Emeishan City have been frequently robbed of roses, with over 300 roses stolen in a short period of time, causing serious losses to urban greening work.

The roses in the green belt have been stolen (Image source: Wei'emei)

In order to prevent such incidents from happening again, the landscaping department arranges workers to conduct uninterrupted patrols, promptly detect and stop illegal mining activities. The Mingshan Police Station of Emeishan Public Security Bureau has received multiple reports from citizens, successfully solved multiple cases of theft of roses, and stated that it will be severely punished in accordance with the law.

Lawyer: Digging roses is considered illegal or even criminal

Sun Zijian, a partner of Zhejiang Zhehang Law Firm, stated that theft can be a general illegal act or a criminal act. If the amount of stolen property is relatively small, it should generally be punished in accordance with the provisions of the Public Security Administration Punishment Law, and there is no need to use punishment. The Law of the People's Republic of China on Public Security Administration Punishments stipulates that those who steal, defraud, loot, seize, extort or intentionally damage public or private property shall be detained for not less than 5 days but not more than 10 days and may also be fined not more than 500 yuan; Those with serious circumstances shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1000 yuan.

Sun Tzu Jian introduced that the crime of theft refers to the act of stealing a large amount of property possessed by others with the purpose of illegal possession, or multiple thefts, burglaries, armed theft, and pickpocketing. The Interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues Concerning the application of Law in Handling Criminal Cases of Theft stipulates that theft of public and private property with a value of 1000 to 3000 yuan or more, 30000 to 100000 yuan or more, and 300000 to 500000 yuan or more shall be respectively recognized as "relatively large", "huge", and "particularly huge" as stipulated in the Criminal Law. But for some specific theft behaviors, as long as the theft behavior is carried out, even if the conditions for a large amount are not met, due to the social harm of the behavior, it still constitutes a crime. These behaviors include: multiple thefts, burglaries, armed theft, and pickpocketing.

Jimu News Comprehensive Anhui News, Red Star News, and Wei'emei

(Source: Jimu News)

重点词汇

• 绿化带 Green belt ; greenbelt

• 殊不知 little imagined ; hardly realize ; never dreamt ; hardly imagine

• 公共场所 public place ; joint

• 宁阳县 Ningyang ; ningyang county

• 公安局 public security bureau

• 园林局 Bureau of Parks and Woods

• 工作人员 staff ; worker ; working personnel ; staff member ; functionary ; operative

• 交叉口 intersection

• 迅速展开 rapid deployment

• 调查工作 survey ; field work

句子成分分析：

Those (with serious circumstances) shall be detained [for [not less than] 10 days but not [more than] 15 days], and 

may also be fined [not more] [than 1000 yuan].

句子语法结构详解：

* detained 为谓语，采用被动语态。
* 句中含有 not...but... 并列结构，意为“不是……而是……”。
* fined 为谓语，采用被动语态。
* shall, may 为情态动词。those 为指示代词。be 为助动词。

句子相关词汇解释：

Phrase:

Vocabulary:

句子成分分析：

Sun Zijian, <a partner (of Zhejiang Zhehang Law Firm)>, stated | that theft can be a general illegal act or a criminal act.

句子语法结构详解：

* a partner of Zhejiang Zhehang Law Firm 为同位语
* stated 为谓语，采用一般过去时。
* that 为连词，引导宾语从句。
* be 为系动词作谓语。
* can 为情态动词。a 为不定冠词。

句子相关词汇解释：

Vocabulary:

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