论侵占罪中的遗忘物

On the Forgotten Property in the Crime of Embezzlement

关于遗忘物的定义和范围,新《刑法》没有明确加以规定,也无司法解释可以参考。因而,在司法实践中,有关遗忘物的具体内涵以及是否包括遗失物存在很大争议。所以,这里存在一个合理解释“遗忘物”概念的问题。

The new criminal law does not stipulate explicitly the definition and the scope of the forgotten property, and there is no judicature interpretation to refer yet. Therefore, there is a continual argument on whether it is reasonable or not, which is difficult to unify and has seriously affected the judicial department on this criminal cognizance. As a result, how＇to explain the concept of the forgotten p.roperty is a worthy topic for discussion.