侵占罪与盗窃罪的界定

Definitions on Theft and Criminal Possession

从侵占罪与盗窃罪各自的构成要件比较中来区分两者是比较容易的 ,但在司法实践中搞清两者之间的界限绝非易事 ,但又不是没有规律可寻。确定是侵占罪还是盗窃罪关键要把握物的支配状态。无论何种之物 ,只要行为人对其取得支配时不是用秘密手段取得的 ,就不是盗窃罪 ;对物不是用秘密手段取得的支配以后 ,只要行为人对物有法律上或事实上的代为保管关系 ,对物非法占为己有 ,拒不退还的 ,就构成了侵占罪。

It is easy to distinguish between the crimes of illegal possession and theft in terms of their constituting elements but it is not easy to distinguish them in judicial practice, though still we can find rules governing them. The key is to master the dominant states to the property. To the property, the way in which the actor acquires the property is not by secret means, then this is not a crime of theft. The actor possesses the property in terms of keeping the property of others in fact or in law and holds the property as his or her own illegally, this constitutes the crime of illegal possession.