论侵占罪与盗窃罪的界限

On the Dividing Line of Crime of Misappropriation and Offense of Theft

侵占罪是一种将自己合法持有的他人财物非法占为己有的犯罪行为,它与盗窃罪很容易混淆。区分一种行为构成侵占罪还是盗窃罪,关键是要判断行为人在非法占有财物时,该财物究竟受谁的控制。如果行为人将财物非法占为己有时,已经对财物具有法律上或事实上的代为保管关系,就构成侵占罪;如果行为人非法占有已置于他人管理范围内的财物,则构成盗窃罪。

Crime of misappropriation is a criminal offense done by someone to make other person＇s belongs which are held by himself to be his own belongs illegally. It is easy to confuse crime of misappropriation and offense of theft in the practice. To master who controls the property when the actor illegally holds the property as his own is the key to distinguish between crime of misappropriation and offense of theft. The actor has possessed the property in terms of keeping the property of others in fact or in law when the actor holds the property as his own illegally, which constitutes crime of misappropriation. When the actor illegally holds the property which is already within someone＇s management scope as his own, it constitutes offense of theft.