侵占罪若干问题研析

Research and Analysis of Several Problems about Embezzlement Crime

司法实践与理论研究中 ,对如何理解侵占行为中的“代为保管”的涵义 ,对侵占罪的犯罪对象的外延界定 ,以及如何判断侵占罪既遂与未遂的问题上存在着不同认识 ,结合刑法理论与实践 ,对之略抒浅见。

In the judicial practice and theoretic study, We are faced with such hard problems as the meaning of keeping in embezzlement crime, the domain of criminal object and the criterion how to judge this crime whether is completed or not. In the article we try to solve these difficult problems according to the judicial practice in our country and our traditional theory of criminal constitution.