盗窃罪与职务侵占罪研判

Study and Judgment on Larceny and Crime of Duty Occupation

盗窃罪与职务侵占罪的辨析一直是办案实务中的争议难点。文章对盗窃罪及职务侵占罪进行细化分析并就如何准确定性进行了研判,提出四大定性法则:即"工作之便"抑或"职务之便"定性法则,是否"具有合法权限持有、管理单位财物"定性法则,法益定性法则,被侵犯财物的状况定性法则。

Discrimination between larceny and crime of duty occupation is always a controversial problem in the practice. The paper analyzed larceny and crime of duty occupation in details and made a study on the accurate qualitative judgment. What＇ s more, it put forward four qualitative rules that whether it is ＂work convenience＂ or ＂duty convenience＂, whether it is ＂managing unit property with lawful authority＂ ,it is judged by legal interest and it is judged by the state of vitiated property.