南华大学学报（社会科学版）2024，Vol.25Issue(3)：115-122,8.DOI:10.13967/j.cnki.nhxb.2024.0049
侵占不法原因给付物的认定困境与规范路径
The Predicament and Normative Path of the Determination of the Embezzlement of Unlawful Cause Payment
张强 1陈雅儒1
作者信息
- 1. 曲阜师范大学 法学院,山东 日照 276826
- 折叠
摘要
Abstract
The restriction effect of civil protection caused by illegal reason payment has the emphasis of illegal payment behavior and subject.For criminal punishability,when the illegal reason is only more serious in the recipient·s unilateral side and the recipient·s illegal degree,the act of embezzlement can not be absolutely limited or even denied.The correction of deviant behavior and illegal state by civil norms is mainly realized by interfering with the property relationship among rational economic man,while for criminal norms,the main relationship is no longer the conflict of interest and balance among private subjects.Instead,it is the public-private dichotomy between the state as the subject of public power and the deviant actor,turning to a new dimension of stronger regulation and prevention of deviant behavior in challenging legal order.Although civil law and criminal law have different orientations in the order of application and the emphasis on the purpose of regulation in the legal order system based on the constitution,their application is to eliminate and correct the illegal acts and states in conflict with the legal order,and to maintain the stability of the legal order as the common reference and ultimate purpose.The unilateral regulation and prevention of the illegal payer and the illegal payment behavior in the civil law can not essentially correct the illegal state that goes beyond the legal order after the illegal acceptance,and the limitations shown by the em-phasis on the purpose of its norms need to be made up through the adjustment of criminal norms.关键词
侵占罪/不法原因给付/规范保护目的/法益/民刑衔接Key words
crime of embezzlement/payment of unlawful cause/specification protection purpose/legal interest/civil-criminal coordination分类
社会科学引用本文复制引用
张强,陈雅儒..侵占不法原因给付物的认定困境与规范路径[J].南华大学学报（社会科学版）,2024,25(3):115-122,8.
