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目前理论界关于不法将封缄物据为己有的行为定性存在较大争议,焦点主要集中在盗窃罪与侵占罪之间,尤其对于非法占有封缄物内容物的问题,学界存在诸多观点。讨论非法将封缄物据为己有的行为归属,必然要涉及到刑法上的占有问题。本文中笔者将结合刑法上的占有对现今理论界的各个观点进行评析,并试图在先前研究的基础上融入主观因素的考量,以期对非法占有封缄物内容物的行为定性提供一些新的思路。
At present, there is much controversy in the theoretical circles concerning the illegal nature of sealing the articles as their own, with the focus being mainly on the crime of theft and embezzlement, and especially on the problem of possession of the contents of sealed articles illegally. There are many views in academia. To discuss the attribution of the act of illegally placing a sealed object on its own will inevitably involve the issue of possession in the criminal law. In this paper, the author will combine the criminal law of the possession of the views of the current theorists, and try to incorporate the subjective factors on the basis of previous studies, with a view to the possession of illegal possession of the contents of the content of the act of providing some new ideas .