论侵占罪的构成及认定

侵占罪的构成必须具备四个要件 ,即犯罪客体是公私财物的所有权 ;客观方面表现为非法占有他人财物 ,数额较大 ,拒不退还或者拒不交出的行为 ;犯罪主体为达到法定刑事责任年龄 ,具有法定刑事责任能力的自然人 ;主观方面是故意的 ,并且具有非法占有的目的。侵占罪的犯罪对象较为复杂 ,即行为人代为保管的他人财物、他人的遗忘物或埋藏物

On Constitution and Determination of Appropriation Crime

The four important conditions of appropriation crime are: Crime object is the ownership of public or private property; In objective, illegally possess another man's property with a large amount and refected to return or hand-in; The criminal subject is a human being over the age to bear legal criminal responsibility and has legal criminal responsibility; In subjective, it's purposive and with the intention to illegally possess. The objects of appropriation crime are relatively complicated, that is another man's property, lost property or deposits kept by the doer for others.