侵占罪若干问题研究

侵占罪作为一种常见的侵犯财产型犯罪,在实践中多有发生。然而,我国刑法理论对侵占罪的研究还不够深入,特别是对侵占罪的犯罪对象、客观方面的构成要件及其关系以及侵占罪犯罪既遂的标准等问题尚存在不同的认识和争议,笔者即从这几个方面入手,试图把握侵占罪的本质与构成,期许能对司法有所作用。

On Problems of Criminal Offense of Embezzlement

As the common type of crime of encroaching property,criminal offense of embezzlement frequently happens in practice. However,in the theory of criminal law,the researches on this kind of crime are far from enough. Especially,it is controversy in the target of a crime,the composition elements of criminal offense of embezzlement and their relations as well as the problem of the standards on completion of the crime. The article tries to analyze the nature and the composition of the crime from the above aspects so as to make some effect in judicature.