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非法占有目的具有区分取得罪与毁灭罪,区分使用盗窃与盗窃的功能。但是在具体的刑法中,由于对手段行为在立法中未能明确,导致了对以毁坏为目的的盗窃完成后,毁坏未开始前的情形出现刑事处罚罅隙。因此需要对非法占有目的必要性以及非法占有目的内涵进行分析。同时,还应从法益保护的角度出发来说明将盗窃行为纳入成立故意毁坏财物罪的选择性构成要件的合理性,从而为以毁坏目的盗窃问题提供最终解决思路。
The purpose of illegal possession is to distinguish between the crime of acquisition and destruction, and to distinguish between the use of theft and theft. However, in the specific criminal law, due to the lack of clarity in the legislation on acts of conduct, criminal sanctions have been found in the cases before the destruction started after the theft was completed for the purpose of destruction. Therefore, it is necessary to analyze the necessity of illegal possession and the intension of illegal possession. At the same time, we should also explain the rationality of incorporating theft into the selective constitutional elements of the crime of intentionally destroying property from the perspective of the protection of law and interests, so as to provide a final solution to the problem of theft for the purpose of destroying.