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不法取得财产罪主观上要求非法占有目的,是为了解决以一时使用为目的不法取得财产的出罪问题,以及与毁坏罪的区别问题。以一时使用目的不法取得财产行为,虽然在西方有可能被解释为不法取得财产罪,但就我国刑法立法以及社会实际看,确定其构成不法取得财产罪可能造成罪刑失衡的结果,不具有相当性和必要性。在没有新的刑事立法出现前,在解释上应当基本排除一时使用目的构成非法占有目的,否定不法取得财产罪的成立,至于其取得财产的手段构成其他犯罪的,可以以其他犯罪定罪处罚。行为人以一时使用目的且在非法获取财物时有事后将之归还权利人的意思不法取得财物,不认为其有非法占有目的排除意思,但如其取得财产的目的在于消耗财物的内在价值,即具有排除意思。
The crime of obtaining property illegally requires subjectively the purpose of illegal possession for the purpose of resolving the issue of crime of obtaining property illegally for the purpose of temporary use and the issue of the distinction between crimes of destruction. Though it may be interpreted as the crime of obtaining property illegally in the West, the criminal law is not balanced with the criminal law as a result of the criminal law legislation and the social reality in our country. And necessity. Before the advent of new criminal legislation, it should be basically ruled out that the purpose of purpose should constitute the purpose of illegitimate possession for a time and denied the crime of obtaining property illegally. As for the means of obtaining property, which constitute other crimes, the others may be convicted and punished. The perpetrator uses the purpose for a while and illegally acquires the property after returning it to the obligee illegally when it is acquired illegally, and does not regard it as having the purpose of illegitimate possession to exclude it. However, if the obligee obtains the property for the purpose of consuming the intrinsic value of the property, Exclude meaning.