论侵占罪的财产关系

Property Relationship in the Embezzling Crime

具有特定性质的财产关系是侵占罪成立的前提条件。就代管物来讲 ,侵占行为发生时的财产关系是一种支配持有的关系 ,即代管物的物主以所有人身份对物具有支配控制力 ,行为人仅为达到某种目的或完成某种约定而持有该物。就遗忘物来讲 ,侵占行为发生时的财产关系是物主虽已将某物遗忘于特定场所 ,但能够恢复对该物的控制 ,行为人仅以拾得行为而持有该物。就埋藏物来讲 ,侵占行为发生时的财产关系是行为人以消极、无害的方式持有了他人的埋藏物。对物的财产关系的性质具有划分侵占罪罪与非罪的界限功能。

The property relationship is the premising constituent of the embezzling crime for its specific character. For the administered things, its property rela tionship is of dominance and of possession upon embezzling, i.e. the owner of the administer ed, as a proprietor, has the right to dominate and control his things while the cond uctor holds it aiming at accomplishing a destination or a contract only. For the forgo tten things, its property relationship demonstrates that the owner can regain the con trol to his things though he has forgotten it left in a place while the conductor holds it only for his finding. For the buried things, its property relationship shows that the con ductor holds it only by a negative or innocent means. The character of these things' p roperty relationship enjoys the function in distinguishing crime from innocent