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财产犯罪是我国刑法犯罪领域的常态犯罪,由于现实经济生活的纷繁复杂,在我国的司法实践中,对财产犯罪的认定也存在着诸多的困难。亦如本文所讨论的这种行为,以自己的身份证挂失取存在自己身份证名下的钱财,理论界也存在着定诈骗罪、盗窃罪、侵占罪还是不当得利的争论。在笔者看来,这种行为符合一种合法占有,非法所有的侵占罪的构成要件,笔者希望通过下文的分析,能厘清头绪,抓住区分此罪与彼罪的关键。
Property crime is a normal crime in the criminal field of criminal law in our country. Due to the complexity of realistic economic life, there are many difficulties in the determination of property crime in our judicial practice. As discussed in this article, this kind of behavior is linked with the loss of their identity card to the money that exists under their ID card. There is also a debate in theoritical circles about fraud, theft, embezzlement and unjust enrichment. In my view, this behavior is in line with the legal possession and illegality of all the crime of embezzlement. The author hopes that through the analysis below, we can clarify the clue and grasp the key to distinguish the crime from the crime.