一、问题提出:非法占有之物的难点与争点私有财产权作为人类文明的内在组成部分,对于世俗社会中人所生活的各方面都产生重大影响,与个人的权利和社会的发展具有紧密的联系。在现代国家中,日益增多的财产犯罪取代了暴力犯罪成为社会中犯罪的主要形式。~①财产犯罪案件所呈现的高发态势已成为我国当前较为突出的社会问题之一。特别是在司法实践中,赃物、违禁品等非法占有之物被侵夺的“黑吃黑”现象时有出现。然而,透过这些常见的现象,难点在于不同价值 I. Issues Raised: Difficulties and Issues of Illegal Possession As an inherent part of human civilization, private property rights have a significant impact on all aspects of human life in secular societies and are closely linked to the development of individual rights and society . In modern countries, the increasing crime of property takes the place of violent crime as the main form of crime in society. The high incidence of property crimes has become one of the more prominent social problems in our country. Especially in the judicial practice, things such as stolen goods, contraband goods and other illegal possessions have been invaded from time to time. However, through these common phenomena, the difficulty lies in different values