占有认定对占有型财产犯罪判断的影响——以蒋某等四人盗窃案为例.pdfVIP

Abstract Property crime is a crime against property, protect the legal interest is public or private property ownership and possession. Property crime according to criminal intention content is different, generally can be divided into three types. The first is for the purpose of illegal possession of the crimes of property violation is the possession of the property crime, such as theft, embezzlement crime, the crime of robbery. Second is to appropriation for the purpose of crime of property violation is misappropriation of property crime, such as the crime of misappropriation of funds. The third is to destroy property is the intentional content of the crime of property violation that damage to property crime, including the crime of intentional damage to property and the crime of sabotaging production and business operation. Because the property crime contains several types of crime and ten specific charges, is very complex, so in theory and practice, we should how to distinguish between crime and non crime, property crime, this crime and other crime, has become a very important issue. As for the more common and complex occupies the property crime for the property crime in the crime and non crime, this crime and other crime judgment important. Taking Jiang and other four theft case as an example, to occupy identified as analysis angle, distinguishes the most easily confused with the possession of the property crime of theft and embezzlement crime, thus obtains enlightenment: With the identification of possession as the breach of crime and non crime, property crime of possession of the demonstration and analysi