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在财产关系领域,刑法和民法所建构的法秩序是统一的。民法以确认并保护财产权为己任,刑法设置财产罪的目的亦为(更有力地)保护财产权。由自物权、他物权和债权所产生之占有属于财产罪的法益;对不体现财产权之(绝对)违禁品的占有不是财产罪的法益,侵犯该占有的应以违禁品犯罪相关规定追究刑事责任;财物原权利人以非法手段解除基于公法根据之占有的,因该占有不具有财产权性质,故其并非财产罪的法益,对此应由其他罪名规制或由行政法调控。
In the field of property relations, the legal order constructed by criminal law and civil law is unified. Civil law to identify and protect property rights as its own duty, criminal property crime is also designed to (more strongly) protect the property rights. The possession of property belonging to property resulting from the possession of property rights, his property rights and claims is not lawful for the possession of (absolutely) prohibited property that does not manifest the property rights, and the investigation of the violation of the possession should be investigated in accordance with the relevant provisions of the crime of contraband Criminal liability; the original owner of the property dismissed the possession based on the public law illegally because the possession does not have the property right property, so it is not the legal benefit of property crime, which should be regulated by other charges or regulated by administrative law.