侵占罪客体认定问题研究

A research on the settlement of the object of embezzlement

虽然大多数财产犯罪的客体是他人财产所有权,但是侵占罪的客体不能笼统称为所有 权,而应称为所有权中的返还请求权。擅自处分持有物造成给物主造成的损害并没有构成对 侵占罪客体的侵犯,只要行为人履行恢复所有权圆满状态之义务的,也即不剥夺所有人返还请 求权的,就不能认定刑事侵权。

Although the object of the majority crimes pertaining to the property is the right to others'property , it can not be generalized as the ownership but should be called the right to request for the return within the ownership. Unauthorized disposition of the articles seized that results in the damage to the owner does not compose the invasion to the object of the embezzlement. As long as the conductor implements his duty to maintain the satisfactory state in recovering the ownership, namely, he does not depr...