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财产犯罪从古代开始就一直备受关注,是最为古老、传统的犯罪类型之一,和我们的社会生活联系极为密切。本文以“王某侵占案”为引,提炼并明确本案的争议焦点,从争议焦点出发将案例与法理相结合,区分了民法上的不当得利与刑法中的财产犯罪,同时,从占有、秘密窃取、遗忘物的认定的角度区分了财产犯罪中的侵占罪和盗窃罪,希望对司法实践中的此类案件如何定性有所帮助。
Property crime has drawn much attention from the ancient times. It is one of the oldest and traditional types of crimes and has a close connection with our social life. In this paper, “Wang misappropriates the case” as the guidance, refining and clear the controversial focus of the case, starting from the controversial case will be combined with jurisprudence, the distinction between undue profits in civil law and property crimes in criminal law, at the same time, from Possession, secret theft, the identification of forgotten things distinguish between crime of embezzlement and theft in property crimes, hoping to judge how such cases in judicial practice qualitatively.