侵占罪的界限问题研究

Study on Problems of the Boundary of the Crime of Misappropriation

侵占委托物罪成立的前提是存在占有事实,侵占脱离占有物罪只能发生在自己有权控制的场合,而盗窃罪则相反。区分侵占罪与诈骗罪的关键在于交付财物是基于双方之间真实的保管关系还是一方的错误认识。区分侵占罪与贪污罪的关键在于合理确定"公共财物"的范围。民事纠纷有可能转化为侵占罪,两者可以是重合的,但是欠缺非法占有目的的行为无论如何也不能被认定为侵占罪。总而言之,认定侵占罪的界限应当坚持主客观相统一原则以及具体问题具体分析。

The premise of the establishment of trust property misappropriation is the fact of holding and forgotten and buried property misappropriation shall be limited to the occasion of authorized control while the crime of theft runs thereagainst. On the distinction of the crime of misappropriation and the crime of fraud, we focus on whether the delivery of property is based upon the safekeeping relationship between two parties or the misunderstanding of one of the parties. On the distinction of the crime of misappropriation and the crime of corruption, we should define the scope of ＂public property＂ reasonably. It is possible that civil disputes transform into the crime of misappropriation and the former can coincide with the latter. However, acts without the intention of illegal possession can never constitute the crime of misappropriation. In conclusion, the conviction of misappropriation shall stick to the principle of integrating the subject and the object and make concrete analysis based on concrete problems.