刑法中的非法占有目的

The Purpose of Illegal Possession in the Criminal Law

非法占有目的在很多情况下都决定着罪与非罪、此罪与彼罪的划分,成为困惑司法实践的一大难点。当前理论上有不要说、排除权利者意思说、利用处分意思说、并和说四种学说,前三种学说不符合我国现状,我国应采并合说。

n many cases, the purpose of illegal possession determines guilt and what crimes are the crimes as a major hurdle perplexity judicial practice. There are four theories about the purpose of illegal possession in the criminal law today. After making some comments about it , the author reaches the conclusion that the theory of informal, the theory of removes obligee intention, the theory of disposal intention are not suitable to our country and we should pick theory of compromise.