暴力索要婚外赠与物可以构成侵犯财产罪

Behavior of Violent Request for Compensation during Extramarital Cohabitation may Constitute a Crime against Property

因暴力索要婚外同居期间的给付物而引起的犯罪时有发生,如暴力索要包养费、分手费、青春费等。我国司法实践中常以该类行为缺乏主观上的非法占有目的或者不具有实质性的财产性损害为依据否定侵犯财产罪的成立。事实上,有些暴力索要赠与物的行为主观上已经具有了非法占有目的,客观上也有殴打、胁迫、绑架、勒索等手段,可以构成抢劫罪、敲诈勒索罪等侵犯财产罪。

Violent request for compensation during extramarital cohabitation occurs now and then, namely violent requests for fees compensating for being a mistress, breaking-up, or youth allowance. In the judicial practice, such behavior is not recognized as violence against property for it is believed to lack subjective purpose of possessing others＇ property, or this behavior doesn＇t have substance harmfulness. However, the paper holds that if some perpetrators have had the subjective purpose of illegal possession and objectively implemented beatings, intimidation, kidnapping, extortion and other actions, these behaviors may constitute crimes against property, such as robbery, extortion, etc.