侵占罪问题新论

Research on new problems of embezzlement

侵占罪是侵犯财产罪中的常见犯罪形式之一,又是告诉才处理的案件。由于仅有刑法条文而无相关司法解释,侵占罪在司法实践中问题颇多,需要进一步研究。

Embezzlement is a common form of the crimes of property violation, and shall be handled only upon complaint. Due to the lack of relevant judicial interpretation, embezzlement with its enacted articles in penal law cannot meet the various problems in real judicial practices and thus results in the contention of all schools of thoughts in theoretical circle. Examples are as the crime constitutions, the object of crime, the affirmation of subjective ＂refuse to turn over＂ and ＂refuse to give back＂, and the perfection of procedural law, etc. Crimes of embezzlement take place mostly among close parties, so it is important to research into it for the construction of socialism and harmonious society.