| 开本： |
| 纸张：胶版纸 |
| 包装：精装 |
| 是否套装：否 |
| 国际标准书号ISBN：9787301367582 |
| 所属分类：图书>法律>刑法>分则 |
专享特装书上新！中华书局《朱元璋传》重磅推荐
古文观止译注 限量编号喷绘版 “新古典” 布面精装（赠钱选《归去来》、仇英《桃花源图》长拉页、黄铜书签、藏书票）
自营
转轨：汉武帝和他的大变革时代（专享特装！独家珍藏，布面精装三面书口喷绘定制前后环衬专属藏书票）
自营
朱元璋传 中华帝王传记 独家特装版 中华书局出版 飞机盒珍珠棉发货 赠送帝王世系卡片、藏书票
自营预售
全译全注全解王阳明全集 度阴山十年心血 一套可以传世的心学经典 布面精装烫金 三口精美刷边 定制礼盒赠品 震撼首发
自营限时抢
安史之乱 历史、宣传与神话【花色刷边版】（豆瓣年度历史·文化图书）
自营
变法三千年 中国历代改革得失 布面精装烫金工艺书口刷边定制藏书票定制飞机盒珍珠棉发货
自营
魏晋之际的政治权力与家族网络（修订本） 限量编号喷绘版（附赠“水陆攻战图”藏书票一张、“马上好”古铜色冰箱贴一枚）
自营
史记 全六册 专享特装 桐木盒布面瑞士装订 赠送人物索引别册黄铜书签 史记研究会副会长俞樟华亲译本
自营
唐宋之变：中国现代化的历史渊源 专享特装版【亲签钤印布面精装三口喷绘藏书票张飞机盒泡沫棉发货】
自营
编辑推荐
清晰罪名框架 丰富案例
德国联邦最高法院观点 学界精粹，快速掌握德国财产犯罪理论发展全貌
买短乘长定性等难题怎么解？深耕德国刑法财产犯罪构造，德国刑法视角给你新思路！
内容简介
本书是关于德国刑法财产犯罪构造原理的基础教科书。德国刑法学家鲁道夫·伦吉尔教授用精炼的语言、详尽的罪名构造框架和丰富的案例，清晰地展示了德国刑法财产犯罪理论的整体风貌。尤其是，本书详尽地列举了德国联邦最高法院和学界的主要观点，如果想要快速了解德国刑法财产犯罪的理论发展状况，本书可以作为重要的参考。由于德国的社会交往规范与我国存在不少差异，本书介绍的各罪理论未必能直接照搬到我国的刑法适用中。但是，本书讨论的大量问题是我国刑法理论和实践已经或者即将“遭遇”的，如买短乘长等骗取各种服务的行为如何定性的问题，提出的解决方案未必不适用于我国。至少，讨论这些问题的思路和视角有可借鉴之处。从教科书风格而言，本书与我国现有教科书有一定区别，主要体现在对各罪的构造框架的清晰展示，并在案例中予以贯彻运用。因此，建议本科生和研究生参照这些知识工具，对我国刑法各罪进行本土化的运用，想来这是大有裨益的。外国法的教科书如同一面镜子，在映照中可以更清晰地加深对我国法学知识的理解。认真读完本书，相信一定会有所收获！
作者简介
【德国】鲁道夫·伦吉尔
〔德〕鲁道夫·伦吉尔（ ）教授，康斯坦茨大学刑法学与相关领域教席教授，是德国最著名的刑法学者之一。年，在弗莱堡大学以《现行与未来刑事诉讼法中的拒绝作证权》（ ü ）为题取得了博士学位；年，完成教授资格论文《结果加重犯与同类表现形态》（ ）。年至年担任慕尼黑大学刑法、刑诉法与相关领域教授；自年起，担任康斯坦茨大学刑法学与相关领域教席教授；年荣休。在其众多刑法著作中，尤以三部刑法教科书享誉学界，已被奉为德国法学专业学生的必读经典。
代表著作为刑法系列三部曲《刑法总论》《刑法分则针对财产的犯罪》和《刑法分则针对人身权利和公共利益的犯罪》。此三部著作每年修订再版，影响深远。
译者：【德国】鲁道夫·伦吉尔
〔德〕鲁道夫·伦吉尔（ ）教授，康斯坦茨大学刑法学与相关领域教席教授，是德国最著名的刑法学者之一。年，在弗莱堡大学以《现行与未来刑事诉讼法中的拒绝作证权》（ ü ）为题取得了博士学位；年，完成教授资格论文《结果加重犯与同类表现形态》（ ）。年至年担任慕尼黑大学刑法、刑诉法与相关领域教授；自年起，担任康斯坦茨大学刑法学与相关领域教席教授；年荣休。在其众多刑法著作中，尤以三部刑法教科书享誉学界，已被奉为德国法学专业学生的必读经典。
代表著作为刑法系列三部曲《刑法总论》《刑法分则针对财产的犯罪》和《刑法分则针对人身权利和公共利益的犯罪》。此三部著作每年修订再版，影响深远。
译者：
王复春，广西大学法学院副教授、硕士生导师，北京大学波恩大学联合培养法学博士，最高人民法院第四批挂职学者，主要研究方向为中国刑法学、比较刑法学、法律实证研究。
显示全部信息
目 录
《德国刑法财产犯罪分论》目录
导论 ··················································································································································· 《德国刑法财产犯罪分论》目录
导论 ···················································································································································
一、分论的结构 ·················································································································
二、尤其是针对财产的犯罪 ·······················································································
三、关于本书的使用 ·································································································
第一部分 盗窃罪与侵占罪 ····························································································
第一章 盗窃罪（第条） ························································································
第一节 基础与结构问题 ····························································································
第二节 客观构成要件：他人的动产 ·································································
一、动产 ·····················································································································
二、他人性要素 ·······························································································
第三节 客观构成要件：取走 ··················································································
一、他人的占有 ·····································································································
二、建立新的占有 ·······························································································
三、打破（
）他人的占有 ·································································
第四节 主观构成要件：故意 ··················································································
第五节 主观构成要件：占为己有意图 ·····························································
一、基础 ·····················································································································
二、结构问题 ·········································································································
三、排除对物本体的占有 ···················································································
四、排除对财物价值的占有 ·············································································
五、关于排除占有方面的其他案例的讨论 ·············································
六、建立自己的占有 ···························································································
七、建立第三人的占有 ·······················································································
八、建立占有的意图 ····················································································
九、附条件的问题 ·······························································································
第六节 企图占为己有的非法性 ··········································································
一、特定之债 ·········································································································
二、种类之债 ·········································································································
第七节 未遂、既遂与终了 ····················································································
第八节 共同正犯与参与犯 ····················································································
第二章 盗窃罪的特别严重情形（第条） ·····················································
第一节 基础 ·················································································································
第二节 在实际案例分析中的第条 ·····························································
第三节 第条第款第句中的具体范例 ·················································
一、第项 ·················································································································
二、第项 ·················································································································
三、第项至第项 ·······························································································
第四节 第条第款 ·······························································································
第五节 未遂 ·················································································································
一、结构问题 ·········································································································
二、三种未遂情形 ·······························································································
三、未遂的开始与中止 ·······················································································
第六节 竞合 ·················································································································
第三章 携带武器盗窃、入室盗窃和团伙盗窃 ················································
第一节 基础与结构问题 ····························································································
第二节 携带武器及其他危险工具盗窃（第条第款第项） ·················
一、基础 ·····················································································································
二、枪支的概念 ·····································································································
三、技术意义上的武器概念 ·············································································
四、警示枪支 ·········································································································
五、危险工具的概念 ···························································································
六、携带（ü）要素 ·········································································
七、关于职务上携带武器的行为人 ···························································
第三节 携带其他工具盗窃（第条第款第项） ·····································
一、适格的行为工具 ···························································································
二、携带要素 ·········································································································
三、使用意图 ·········································································································
第四节 第条第款第项范围内的部分中止 ·············································
第五节 入室盗窃（第条第款第项和第款） ·········································
一、基础与构造框架 ···························································································
二、所保护的住宅 ·······························································································
三、其他 ·····················································································································
第六节 团伙盗窃（第条第款第项、第条） ····································
一、结构问题 ·········································································································
二、团伙的概念 ·····································································································
三、作为团伙的成员实行犯罪并且与其他团伙成员协作 ·············
四、加重的团伙盗窃（第条） ···························································
第四章 侵占罪（第条） ·························································································
第一节 基础与结构问题 ····························································································
第二节 他人的动产要素 ····················································································
第三节 自己或者第三人建立占有要素 ·····················································
一、主观要素（占为己有意图） ·····································································
二、客观要素（占为己有行为） ·····································································
三、无先行占有基础的占为己有 ·····································································
四、为第三人占为己有 ·······················································································
五、占为己有的违法性 ·······················································································
第四节 重叠的占为己有 ····························································································
第五节 背信型侵占（第条第款） ···························································
第六节 补充性条款 ·····································································································
第五章 特别规定（第条至第条） ························································
第一节 家庭或者亲属间盗窃（第条） ·····················································
第二节 盗窃、侵占价值极其低廉的物（第条） ····································
第三节 擅自使用交通工具罪（第条） ··················································
一、构成要件 ·········································································································
二、竞合 ·····················································································································
第四节 盗取电能罪（第条） ···········································································
第二部分 抢劫罪、抢劫型盗窃罪、敲诈勒索罪以及抢劫型袭击汽车司机罪 ·························································································································
第六章 抢劫罪（第条） ·························································································
第一节 基础和结构问题 ····························································································
第二节 针对人身的暴力 ····························································································
一、暴力概念 ·········································································································
二、展开 ·····················································································································
第三节 以对身体或者生命造成当场危险相胁迫 ·············································
第四节 特定的加重手段与取走之间的关系 ···················································
一、目的上的联系 ·······························································································
二、时间与地点上的联系 ···················································································
三、通过不作为使用暴力 ···················································································
四、以杀人故意抢劫 ···························································································
第五节 主观构成要件 ·································································································
第六节 力图占为己有的非法性 ··············································································
第七节 未遂 ·················································································································
第八节 共同正犯与参与犯 ························································································
一、承继的共同正犯与帮助犯 ·········································································
二、其他 ·····················································································································
第九节 竞合 ·················································································································
第七章 加重抢劫罪（第条） ···············································································
第一节 基础 ·················································································································
第二节 第条第款 ·······························································································
一、第条第款第项 ·················································································
二、第条第款第项 ·················································································
三、第条第款第项 ·················································································
四、第条第款第项 ···················································································
第三节 第条第款 ·······························································································
一、第条第款第项 ···················································································
二、第条第款第项 ···················································································
三、第条第款第项 ·················································································
四、第条第款第项 ·················································································
五、案例解题 ·········································································································
第四节 终了阶段实现的加重事由 ·······································································
第五节 竞合、部分中止 ····························································································
第八章 抢劫致人死亡（第条） ·········································································
第一节 基础与结构问题 ····························································································
第二节 基本犯与死亡结果之间特定的危险实现关联性 ·························
一、基础 ·····················································································································
二、在终了阶段使用致死的强制手段 ·························································
第三节 轻率 ·················································································································
第四节 与杀人犯罪的竞合 ························································································
第五节 未遂与中止 ·····································································································
一、未遂 ·····················································································································
二、中止 ·····················································································································
第六节 共同正犯与参与 ····························································································
第九章 抢劫型盗窃（第条） ···············································································
第一节 基础和结构问题 ····························································································
第二节 客观构成要件 ·································································································
一、犯盗窃罪 ·········································································································
二、在犯罪的当场（ ） ·························································
三、被发现要素 ·······························································································
四、强制部分 ·········································································································
第三节 主观构成要件 ·································································································
第四节 正犯与参与 ·····································································································
一、共同正犯及其边界 ·······················································································
二、部分的共同正犯 ···························································································
第五节 竞合 ·················································································································
第六节 案例解题 ·····································································································
第十章 敲诈勒索罪（第条、第条） ···························································
第一节 基础和结构问题 ····························································································
第二节 强制手段 ·········································································································
第三节 财产处分的争议点 ························································································
一、基础 ·····················································································································
二、案例解题 ·········································································································
三、争论 ·····················································································································
四、三角敲诈勒索 ·······························································································
第四节 抢劫（第条）与敲诈勒索财物（第条）之间的界限 ·······················································································
第五节 敲诈勒索债权 ·································································································
第六节 财产损失 ·········································································································
第七节 确保型敲诈勒索与带有确保性质的强制下的财产损失 ·················
一、基础 ·····················································································································
二、带有确保性质的情形 ···················································································
三、不具有确保性质的情形 ···············································································
第八节 主观构成要件 ·································································································
第九节 谋取获利的非法性 ························································································
第十节 应受谴责性条款（第条第款） ····················································
第十一节 加重的抢劫型敲诈勒索罪 ·································································
第十二节 竞合 ·············································································································
一、与第条的竞合 ·······················································································
二、其他的竞合问题 ···························································································
第十三节 其他问题 ·····································································································
第十一章 抢劫型袭击汽车司机罪（第条） ·················································
第一节 基础 ·················································································································
第二节 构成要件 ·········································································································
一、结构问题 ·········································································································
二、实施针对身体、生命或者决定自由的袭击 ·········································
三、袭击的对象是机动车的司机或者乘客 ···············································
四、利用道路交通的特殊条件 ·········································································
五、主观构成要件 ·······························································································
六、文献中对判例的讨论 ···················································································
第三节 案例解题 ·····································································································
第四节 既遂与未遂 ···································································································
第五节 其他 ·················································································································
第三部分 诈骗罪与类似于诈骗的犯罪 ····································································
第十二章 诈骗罪（第条） ·····················································································
第一节 基础和结构问题 ····························································································
第二节 欺骗 ·················································································································
一、事实 ·····················································································································
二、欺骗行为 ·········································································································
第三节 认识错误 ·········································································································
一、基础 ·····················································································································
二、受骗者产生怀疑并轻信 ·············································································
三、认识的归属 ·····································································································
第四节 财产处分 ·········································································································
一、基础 ·····················································································································
二、盗窃与二者间的诈骗财物的界限 ·························································
三、间接正犯的盗窃与三者间关系（三角诈骗）的诈骗财物之间的界限 ······································································
四、二者间关系中的诈骗债权 ·········································································
五、三者间关系中的诈骗债权 ·········································································
第五节 财产损失 ·········································································································
一、基础 ·····················································································································
二、经济的财产概念与法律－经济的财产概念 ·········································
三、关于无意识的自我损害理论 ·····································································
四、特别的：捐赠诈骗、乞讨诈骗和礼物诈骗 ·········································
五、损失的计算、赔偿金和总体清算原则 ···············································
六、个别的（或者个人的）损害点理论 ·························································
七、缔约诈骗与危害性损害 ·············································································
八、关于财产损失的其他说明和案例群 ·······················································
第六节 主观构成要件 ·································································································
一、故意 ·····················································································································
二、获利意图 ·········································································································
第七节 未遂与中止 ·····································································································
第八节 企图获利的非法性 ························································································
第九节 竞合 ·················································································································
第十节 正犯与参与 ·····································································································
第十一节 刑罚加重 ·····································································································
第十三章 计算机诈骗（第条） ·········································································
第一节 基础与结构问题 ····························································································
第二节 一般的构成要件要素 ····················································································
第三节 各实行行为 ·····································································································
一、对程序进行不正确的调整（第条第款第种子类型） ··········································································
二、使用不正确的数据或者不完整的数据（第条第款第种子类型） ·····························································
三、未经授权使用数据（第条第款第种子类型） ···············································································
四、对程序造成的其他非法影响（第条第款第种子类型） ·····································································
第四节 其他 ·················································································································
第十四章 滥用保险罪（第条）、伪造保险事故罪（第条第款第句第项） ·························································································································
第一节 第条 ·············································································································
一、客观构成要件 ·······························································································
二、主观构成要件 ·······························································································
三、其他 ·····················································································································
第二节 伪造保险事故罪（第条第款第句第项） ·········································
一、基础 ·····················································································································
二、关于伪造保险事故的目的 ·········································································
第十五章 骗取服务罪（第条） ···········································································
第一节 基础 ·················································································································
第二节 滥用自动装置（第条第款第种子类型） ·········································
第三节 第条第款第种子类型 ·······································································
第四节 骗取运输服务（第条第款第种子类型） ·········································
第五节 骗取入场（第条第款第种子类型） ·················································
第十六章 类似于诈骗的经济犯罪（第条、第条、第条） ·························································································································
第一节 经济刑法的基本问题 ····················································································
第二节 补助金诈骗罪（第条） ········································································
第三节 投资诈骗罪（第条） ··········································································
第四节 信贷诈骗罪（第条） ··········································································
第四部分 背信罪与类似于背信的犯罪 ·······································································
第十七章 背信罪（第条） ·····················································································
第一节 基础与结构问题 ····························································································
第二节 滥用型构成要件（第条第款第种子类型） ·····································
第三节 背信型构成要件（第条第款第种子类型） ·····································
一、财产照管义务 ·······························································································
二、关于背信型构成要件的范围的扩展案例 ···············································
三、关于产生义务的忠诚关系 ·········································································
四、实行行为 ·········································································································
五、财产持有人的同意 ·······················································································
六、损害有限公司的背信 ···················································································
第四节 财产不利 ·········································································································
一、基础 ·····················································································································
二、关于财产减少的直接性 ·········································································
三、其他情形 ·········································································································
四、危害性损害的问题 ·······················································································
五、特别：所谓私设黑金库 ·················································································
第五节 正犯与参与 ·····································································································
第六节 其他 ·················································································································
第十八章 滥用支票卡与信用卡罪（第条） ·················································
第一节 基础与结构问题 ····························································································
第二节 滥用通用信用卡 ····························································································
一、基础 ·····················································································································
二、三方体系作为出发点以及立法模式 ·················································
三、当今主流的四方体系 ·············································································
第三节 滥用二方体系的客户信用卡 ·····························································
第四节 滥用电子现金体系中的借记卡 ································································
第五节 有权的持卡人滥用借记卡 ········································································
一、在机构自己的自动取款机上的滥用 ·······················································
二、在非机构的自动取款机上的滥用 ···························································
三、滥用通用信用卡的取现功能 ·····································································
第六节 转让与骗取通用信用卡 ··············································································
第五部分 事后关联型犯罪 ···························································································
第十九章 包庇罪（第条） ·····················································································
第一节 基础和结构问题 ····························································································
第二节 客观构成要件 ·································································································
一、上游犯罪及其利益 ·······················································································
二、上游犯罪的利益作为确保的对象 ·························································
三、对确保利益的协助 ·······················································································
第三节 主观构成要件 ·································································································
一、故意 ·····················································································································
二、保护利益的意图 ···························································································
第四节 包庇罪与上游犯罪帮助犯的界限 ························································
第五节 其他 ·················································································································
第二十章 妨害刑罚权罪（第条、第条） ·················································
第一节 基础和结构问题 ····························································································
第二节 妨害起诉（第条第款） ····································································
一、上游犯罪 ·········································································································
二、妨害 ·····················································································································
第三节 妨害刑罚执行（第条第款） ····························································
第四节 主观构成要件与未遂 ················································································
第五节 个人的刑罚排除事由（第条第款和第款） ·································
一、第条第款 ·······························································································
二、第条第款 ·······························································································
三、与其他规定的关系 ·······················································································
四、认识错误 ·········································································································
第六节 客观归责、正犯与参与 ··············································································
一、基础 ·····················································································································
二、辩护行为 ·········································································································
第七节 利用职务妨害刑罚权（第条） ························································
第二十一章 窝赃罪（第条、第条、第条） ·········································
第一节 基础和结构问题 ····························································································
第二节 上游犯罪 ·········································································································
一、针对他人财产的违法的行为 ·····························································
二、他人的行为 ·······························································································
三、上游犯罪和窝赃之间的时间关联 ·························································
第三节 上游犯罪所得财物作为对象 ······························································
一、财物的概念 ·····································································································
二、替代窝赃 ·········································································································
第四节 实行行为 ·········································································································
一、买入或者为自己或第三人获取 ·································································
二、出售与协助出售 ···························································································
第五节 主观构成要件 ·································································································
第六节 未遂 ·················································································································
第七节 由上游犯罪的参与者实施的窝赃 ························································
一、上游犯罪参与的情形 ···················································································
二、不知情地参与上游犯罪 ·············································································
第八节 第条、第条 ·····················································································
第二十二章 洗钱罪、隐瞒非法获取的财产价值罪（第条） ·····························
第一节 基础和构造 ·····································································································
第二节 行为对象 ·········································································································
第三节 实行行为 ·········································································································
一、第条第款第句的实行行为 ···························································
二、第条第款第句的限制 ·····································································
三、第条第款的实行行为 ·········································································
四、社会相当的行为 ·······················································································
第四节 主观构成要件 ·································································································
第五节 其他 ·················································································································
第六部分 毁坏财物罪（第条至第条） ·························································
第二十三章 毁坏财物罪（第条） ·········································································
第一节 基础与结构问题 ····························································································
第二节 行为对象：他人的财物 ··············································································
第三节 第条第款的行为 ················································································
一、损坏行为（?） ················································································
二、毁坏行为（?） ·········································································
三、单纯地剥夺物或者排斥使用 ·····································································
四、特别是通过涂画、污损、丑化或者未经许可贴画报的毁坏行为 ·········································································
第四节 第条第款 ·······························································································
一、第条第款与第款的关系 ·····································································
二、实行行为 ·········································································································
第二十四章 其他的毁坏财物犯罪（第条至第条） ·····································
第一节 毁坏公共财物罪（第条） ····································································
第二节 毁坏建筑物罪（第条） ··········································································
第三节 损坏重要的生产工具罪（第条） ····················································
第二十五章 篡改数据罪（第条）与破坏计算机罪（第条） ························
第一节 篡改数据罪（第条） ··········································································
第二节 破坏计算机罪（第条） ······································································
第七部分 其他针对财产的犯罪 ·····················································································
第二十六章 妨害强制执行罪（第条） ·······························································
第一节 基础与结构问题 ····························································································
第二节 对债务人即将强制执行 ··············································································
第三节 属于债务人财产的一部分 ···········································································
第四节 关于实行行为 ·································································································
一、变卖 ·····················································································································
二、隐匿 ·····················································································································
第五节 主观构成要件 ·································································································
第二十七章 非法取回质物罪（第条） ·······························································
第一节 基础和结构问题 ····························································································
第二节 受保护的权利 ·································································································
第三节 取走要素 ···································································································
第四节 主观构成要件 ·································································································
第二十八章 非法狩猎罪（第条） ·········································································
第一节 基础 ·················································································································
第二节 客观构成要件 ·································································································
第三节 错误情形 ·········································································································
关键词索引 ·················································································································································
显示全部信息
古文观止译注 限量编号喷绘版 “新古典” 布面精装（赠钱选《归去来》、仇英《桃花源图》长拉页、黄铜书签、藏书票）
自营
转轨：汉武帝和他的大变革时代（专享特装！独家珍藏，布面精装三面书口喷绘定制前后环衬专属藏书票）
自营
朱元璋传 中华帝王传记 独家特装版 中华书局出版 飞机盒珍珠棉发货 赠送帝王世系卡片、藏书票
自营预售
全译全注全解王阳明全集 度阴山十年心血 一套可以传世的心学经典 布面精装烫金 三口精美刷边 定制礼盒赠品 震撼首发
自营限时抢
安史之乱 历史、宣传与神话【花色刷边版】（豆瓣年度历史·文化图书）
自营
变法三千年 中国历代改革得失 布面精装烫金工艺书口刷边定制藏书票定制飞机盒珍珠棉发货
自营
魏晋之际的政治权力与家族网络（修订本） 限量编号喷绘版（附赠“水陆攻战图”藏书票一张、“马上好”古铜色冰箱贴一枚）
自营
史记 全六册 专享特装 桐木盒布面瑞士装订 赠送人物索引别册黄铜书签 史记研究会副会长俞樟华亲译本
自营
唐宋之变：中国现代化的历史渊源 专享特装版【亲签钤印布面精装三口喷绘藏书票张飞机盒泡沫棉发货】
自营
编辑推荐
清晰罪名框架 丰富案例
德国联邦最高法院观点 学界精粹，快速掌握德国财产犯罪理论发展全貌
买短乘长定性等难题怎么解？深耕德国刑法财产犯罪构造，德国刑法视角给你新思路！
内容简介
本书是关于德国刑法财产犯罪构造原理的基础教科书。德国刑法学家鲁道夫·伦吉尔教授用精炼的语言、详尽的罪名构造框架和丰富的案例，清晰地展示了德国刑法财产犯罪理论的整体风貌。尤其是，本书详尽地列举了德国联邦最高法院和学界的主要观点，如果想要快速了解德国刑法财产犯罪的理论发展状况，本书可以作为重要的参考。由于德国的社会交往规范与我国存在不少差异，本书介绍的各罪理论未必能直接照搬到我国的刑法适用中。但是，本书讨论的大量问题是我国刑法理论和实践已经或者即将“遭遇”的，如买短乘长等骗取各种服务的行为如何定性的问题，提出的解决方案未必不适用于我国。至少，讨论这些问题的思路和视角有可借鉴之处。从教科书风格而言，本书与我国现有教科书有一定区别，主要体现在对各罪的构造框架的清晰展示，并在案例中予以贯彻运用。因此，建议本科生和研究生参照这些知识工具，对我国刑法各罪进行本土化的运用，想来这是大有裨益的。外国法的教科书如同一面镜子，在映照中可以更清晰地加深对我国法学知识的理解。认真读完本书，相信一定会有所收获！
作者简介
【德国】鲁道夫·伦吉尔
〔德〕鲁道夫·伦吉尔（ ）教授，康斯坦茨大学刑法学与相关领域教席教授，是德国最著名的刑法学者之一。年，在弗莱堡大学以《现行与未来刑事诉讼法中的拒绝作证权》（ ü ）为题取得了博士学位；年，完成教授资格论文《结果加重犯与同类表现形态》（ ）。年至年担任慕尼黑大学刑法、刑诉法与相关领域教授；自年起，担任康斯坦茨大学刑法学与相关领域教席教授；年荣休。在其众多刑法著作中，尤以三部刑法教科书享誉学界，已被奉为德国法学专业学生的必读经典。
代表著作为刑法系列三部曲《刑法总论》《刑法分则针对财产的犯罪》和《刑法分则针对人身权利和公共利益的犯罪》。此三部著作每年修订再版，影响深远。
译者：【德国】鲁道夫·伦吉尔
〔德〕鲁道夫·伦吉尔（ ）教授，康斯坦茨大学刑法学与相关领域教席教授，是德国最著名的刑法学者之一。年，在弗莱堡大学以《现行与未来刑事诉讼法中的拒绝作证权》（ ü ）为题取得了博士学位；年，完成教授资格论文《结果加重犯与同类表现形态》（ ）。年至年担任慕尼黑大学刑法、刑诉法与相关领域教授；自年起，担任康斯坦茨大学刑法学与相关领域教席教授；年荣休。在其众多刑法著作中，尤以三部刑法教科书享誉学界，已被奉为德国法学专业学生的必读经典。
代表著作为刑法系列三部曲《刑法总论》《刑法分则针对财产的犯罪》和《刑法分则针对人身权利和公共利益的犯罪》。此三部著作每年修订再版，影响深远。
译者：
王复春，广西大学法学院副教授、硕士生导师，北京大学波恩大学联合培养法学博士，最高人民法院第四批挂职学者，主要研究方向为中国刑法学、比较刑法学、法律实证研究。
显示全部信息
目 录
《德国刑法财产犯罪分论》目录
导论 ··················································································································································· 《德国刑法财产犯罪分论》目录
导论 ···················································································································································
一、分论的结构 ·················································································································
二、尤其是针对财产的犯罪 ·······················································································
三、关于本书的使用 ·································································································
第一部分 盗窃罪与侵占罪 ····························································································
第一章 盗窃罪（第条） ························································································
第一节 基础与结构问题 ····························································································
第二节 客观构成要件：他人的动产 ·································································
一、动产 ·····················································································································
二、他人性要素 ·······························································································
第三节 客观构成要件：取走 ··················································································
一、他人的占有 ·····································································································
二、建立新的占有 ·······························································································
三、打破（
）他人的占有 ·································································
第四节 主观构成要件：故意 ··················································································
第五节 主观构成要件：占为己有意图 ·····························································
一、基础 ·····················································································································
二、结构问题 ·········································································································
三、排除对物本体的占有 ···················································································
四、排除对财物价值的占有 ·············································································
五、关于排除占有方面的其他案例的讨论 ·············································
六、建立自己的占有 ···························································································
七、建立第三人的占有 ·······················································································
八、建立占有的意图 ····················································································
九、附条件的问题 ·······························································································
第六节 企图占为己有的非法性 ··········································································
一、特定之债 ·········································································································
二、种类之债 ·········································································································
第七节 未遂、既遂与终了 ····················································································
第八节 共同正犯与参与犯 ····················································································
第二章 盗窃罪的特别严重情形（第条） ·····················································
第一节 基础 ·················································································································
第二节 在实际案例分析中的第条 ·····························································
第三节 第条第款第句中的具体范例 ·················································
一、第项 ·················································································································
二、第项 ·················································································································
三、第项至第项 ·······························································································
第四节 第条第款 ·······························································································
第五节 未遂 ·················································································································
一、结构问题 ·········································································································
二、三种未遂情形 ·······························································································
三、未遂的开始与中止 ·······················································································
第六节 竞合 ·················································································································
第三章 携带武器盗窃、入室盗窃和团伙盗窃 ················································
第一节 基础与结构问题 ····························································································
第二节 携带武器及其他危险工具盗窃（第条第款第项） ·················
一、基础 ·····················································································································
二、枪支的概念 ·····································································································
三、技术意义上的武器概念 ·············································································
四、警示枪支 ·········································································································
五、危险工具的概念 ···························································································
六、携带（ü）要素 ·········································································
七、关于职务上携带武器的行为人 ···························································
第三节 携带其他工具盗窃（第条第款第项） ·····································
一、适格的行为工具 ···························································································
二、携带要素 ·········································································································
三、使用意图 ·········································································································
第四节 第条第款第项范围内的部分中止 ·············································
第五节 入室盗窃（第条第款第项和第款） ·········································
一、基础与构造框架 ···························································································
二、所保护的住宅 ·······························································································
三、其他 ·····················································································································
第六节 团伙盗窃（第条第款第项、第条） ····································
一、结构问题 ·········································································································
二、团伙的概念 ·····································································································
三、作为团伙的成员实行犯罪并且与其他团伙成员协作 ·············
四、加重的团伙盗窃（第条） ···························································
第四章 侵占罪（第条） ·························································································
第一节 基础与结构问题 ····························································································
第二节 他人的动产要素 ····················································································
第三节 自己或者第三人建立占有要素 ·····················································
一、主观要素（占为己有意图） ·····································································
二、客观要素（占为己有行为） ·····································································
三、无先行占有基础的占为己有 ·····································································
四、为第三人占为己有 ·······················································································
五、占为己有的违法性 ·······················································································
第四节 重叠的占为己有 ····························································································
第五节 背信型侵占（第条第款） ···························································
第六节 补充性条款 ·····································································································
第五章 特别规定（第条至第条） ························································
第一节 家庭或者亲属间盗窃（第条） ·····················································
第二节 盗窃、侵占价值极其低廉的物（第条） ····································
第三节 擅自使用交通工具罪（第条） ··················································
一、构成要件 ·········································································································
二、竞合 ·····················································································································
第四节 盗取电能罪（第条） ···········································································
第二部分 抢劫罪、抢劫型盗窃罪、敲诈勒索罪以及抢劫型袭击汽车司机罪 ·························································································································
第六章 抢劫罪（第条） ·························································································
第一节 基础和结构问题 ····························································································
第二节 针对人身的暴力 ····························································································
一、暴力概念 ·········································································································
二、展开 ·····················································································································
第三节 以对身体或者生命造成当场危险相胁迫 ·············································
第四节 特定的加重手段与取走之间的关系 ···················································
一、目的上的联系 ·······························································································
二、时间与地点上的联系 ···················································································
三、通过不作为使用暴力 ···················································································
四、以杀人故意抢劫 ···························································································
第五节 主观构成要件 ·································································································
第六节 力图占为己有的非法性 ··············································································
第七节 未遂 ·················································································································
第八节 共同正犯与参与犯 ························································································
一、承继的共同正犯与帮助犯 ·········································································
二、其他 ·····················································································································
第九节 竞合 ·················································································································
第七章 加重抢劫罪（第条） ···············································································
第一节 基础 ·················································································································
第二节 第条第款 ·······························································································
一、第条第款第项 ·················································································
二、第条第款第项 ·················································································
三、第条第款第项 ·················································································
四、第条第款第项 ···················································································
第三节 第条第款 ·······························································································
一、第条第款第项 ···················································································
二、第条第款第项 ···················································································
三、第条第款第项 ·················································································
四、第条第款第项 ·················································································
五、案例解题 ·········································································································
第四节 终了阶段实现的加重事由 ·······································································
第五节 竞合、部分中止 ····························································································
第八章 抢劫致人死亡（第条） ·········································································
第一节 基础与结构问题 ····························································································
第二节 基本犯与死亡结果之间特定的危险实现关联性 ·························
一、基础 ·····················································································································
二、在终了阶段使用致死的强制手段 ·························································
第三节 轻率 ·················································································································
第四节 与杀人犯罪的竞合 ························································································
第五节 未遂与中止 ·····································································································
一、未遂 ·····················································································································
二、中止 ·····················································································································
第六节 共同正犯与参与 ····························································································
第九章 抢劫型盗窃（第条） ···············································································
第一节 基础和结构问题 ····························································································
第二节 客观构成要件 ·································································································
一、犯盗窃罪 ·········································································································
二、在犯罪的当场（ ） ·························································
三、被发现要素 ·······························································································
四、强制部分 ·········································································································
第三节 主观构成要件 ·································································································
第四节 正犯与参与 ·····································································································
一、共同正犯及其边界 ·······················································································
二、部分的共同正犯 ···························································································
第五节 竞合 ·················································································································
第六节 案例解题 ·····································································································
第十章 敲诈勒索罪（第条、第条） ···························································
第一节 基础和结构问题 ····························································································
第二节 强制手段 ·········································································································
第三节 财产处分的争议点 ························································································
一、基础 ·····················································································································
二、案例解题 ·········································································································
三、争论 ·····················································································································
四、三角敲诈勒索 ·······························································································
第四节 抢劫（第条）与敲诈勒索财物（第条）之间的界限 ·······················································································
第五节 敲诈勒索债权 ·································································································
第六节 财产损失 ·········································································································
第七节 确保型敲诈勒索与带有确保性质的强制下的财产损失 ·················
一、基础 ·····················································································································
二、带有确保性质的情形 ···················································································
三、不具有确保性质的情形 ···············································································
第八节 主观构成要件 ·································································································
第九节 谋取获利的非法性 ························································································
第十节 应受谴责性条款（第条第款） ····················································
第十一节 加重的抢劫型敲诈勒索罪 ·································································
第十二节 竞合 ·············································································································
一、与第条的竞合 ·······················································································
二、其他的竞合问题 ···························································································
第十三节 其他问题 ·····································································································
第十一章 抢劫型袭击汽车司机罪（第条） ·················································
第一节 基础 ·················································································································
第二节 构成要件 ·········································································································
一、结构问题 ·········································································································
二、实施针对身体、生命或者决定自由的袭击 ·········································
三、袭击的对象是机动车的司机或者乘客 ···············································
四、利用道路交通的特殊条件 ·········································································
五、主观构成要件 ·······························································································
六、文献中对判例的讨论 ···················································································
第三节 案例解题 ·····································································································
第四节 既遂与未遂 ···································································································
第五节 其他 ·················································································································
第三部分 诈骗罪与类似于诈骗的犯罪 ····································································
第十二章 诈骗罪（第条） ·····················································································
第一节 基础和结构问题 ····························································································
第二节 欺骗 ·················································································································
一、事实 ·····················································································································
二、欺骗行为 ·········································································································
第三节 认识错误 ·········································································································
一、基础 ·····················································································································
二、受骗者产生怀疑并轻信 ·············································································
三、认识的归属 ·····································································································
第四节 财产处分 ·········································································································
一、基础 ·····················································································································
二、盗窃与二者间的诈骗财物的界限 ·························································
三、间接正犯的盗窃与三者间关系（三角诈骗）的诈骗财物之间的界限 ······································································
四、二者间关系中的诈骗债权 ·········································································
五、三者间关系中的诈骗债权 ·········································································
第五节 财产损失 ·········································································································
一、基础 ·····················································································································
二、经济的财产概念与法律－经济的财产概念 ·········································
三、关于无意识的自我损害理论 ·····································································
四、特别的：捐赠诈骗、乞讨诈骗和礼物诈骗 ·········································
五、损失的计算、赔偿金和总体清算原则 ···············································
六、个别的（或者个人的）损害点理论 ·························································
七、缔约诈骗与危害性损害 ·············································································
八、关于财产损失的其他说明和案例群 ·······················································
第六节 主观构成要件 ·································································································
一、故意 ·····················································································································
二、获利意图 ·········································································································
第七节 未遂与中止 ·····································································································
第八节 企图获利的非法性 ························································································
第九节 竞合 ·················································································································
第十节 正犯与参与 ·····································································································
第十一节 刑罚加重 ·····································································································
第十三章 计算机诈骗（第条） ·········································································
第一节 基础与结构问题 ····························································································
第二节 一般的构成要件要素 ····················································································
第三节 各实行行为 ·····································································································
一、对程序进行不正确的调整（第条第款第种子类型） ··········································································
二、使用不正确的数据或者不完整的数据（第条第款第种子类型） ·····························································
三、未经授权使用数据（第条第款第种子类型） ···············································································
四、对程序造成的其他非法影响（第条第款第种子类型） ·····································································
第四节 其他 ·················································································································
第十四章 滥用保险罪（第条）、伪造保险事故罪（第条第款第句第项） ·························································································································
第一节 第条 ·············································································································
一、客观构成要件 ·······························································································
二、主观构成要件 ·······························································································
三、其他 ·····················································································································
第二节 伪造保险事故罪（第条第款第句第项） ·········································
一、基础 ·····················································································································
二、关于伪造保险事故的目的 ·········································································
第十五章 骗取服务罪（第条） ···········································································
第一节 基础 ·················································································································
第二节 滥用自动装置（第条第款第种子类型） ·········································
第三节 第条第款第种子类型 ·······································································
第四节 骗取运输服务（第条第款第种子类型） ·········································
第五节 骗取入场（第条第款第种子类型） ·················································
第十六章 类似于诈骗的经济犯罪（第条、第条、第条） ·························································································································
第一节 经济刑法的基本问题 ····················································································
第二节 补助金诈骗罪（第条） ········································································
第三节 投资诈骗罪（第条） ··········································································
第四节 信贷诈骗罪（第条） ··········································································
第四部分 背信罪与类似于背信的犯罪 ·······································································
第十七章 背信罪（第条） ·····················································································
第一节 基础与结构问题 ····························································································
第二节 滥用型构成要件（第条第款第种子类型） ·····································
第三节 背信型构成要件（第条第款第种子类型） ·····································
一、财产照管义务 ·······························································································
二、关于背信型构成要件的范围的扩展案例 ···············································
三、关于产生义务的忠诚关系 ·········································································
四、实行行为 ·········································································································
五、财产持有人的同意 ·······················································································
六、损害有限公司的背信 ···················································································
第四节 财产不利 ·········································································································
一、基础 ·····················································································································
二、关于财产减少的直接性 ·········································································
三、其他情形 ·········································································································
四、危害性损害的问题 ·······················································································
五、特别：所谓私设黑金库 ·················································································
第五节 正犯与参与 ·····································································································
第六节 其他 ·················································································································
第十八章 滥用支票卡与信用卡罪（第条） ·················································
第一节 基础与结构问题 ····························································································
第二节 滥用通用信用卡 ····························································································
一、基础 ·····················································································································
二、三方体系作为出发点以及立法模式 ·················································
三、当今主流的四方体系 ·············································································
第三节 滥用二方体系的客户信用卡 ·····························································
第四节 滥用电子现金体系中的借记卡 ································································
第五节 有权的持卡人滥用借记卡 ········································································
一、在机构自己的自动取款机上的滥用 ·······················································
二、在非机构的自动取款机上的滥用 ···························································
三、滥用通用信用卡的取现功能 ·····································································
第六节 转让与骗取通用信用卡 ··············································································
第五部分 事后关联型犯罪 ···························································································
第十九章 包庇罪（第条） ·····················································································
第一节 基础和结构问题 ····························································································
第二节 客观构成要件 ·································································································
一、上游犯罪及其利益 ·······················································································
二、上游犯罪的利益作为确保的对象 ·························································
三、对确保利益的协助 ·······················································································
第三节 主观构成要件 ·································································································
一、故意 ·····················································································································
二、保护利益的意图 ···························································································
第四节 包庇罪与上游犯罪帮助犯的界限 ························································
第五节 其他 ·················································································································
第二十章 妨害刑罚权罪（第条、第条） ·················································
第一节 基础和结构问题 ····························································································
第二节 妨害起诉（第条第款） ····································································
一、上游犯罪 ·········································································································
二、妨害 ·····················································································································
第三节 妨害刑罚执行（第条第款） ····························································
第四节 主观构成要件与未遂 ················································································
第五节 个人的刑罚排除事由（第条第款和第款） ·································
一、第条第款 ·······························································································
二、第条第款 ·······························································································
三、与其他规定的关系 ·······················································································
四、认识错误 ·········································································································
第六节 客观归责、正犯与参与 ··············································································
一、基础 ·····················································································································
二、辩护行为 ·········································································································
第七节 利用职务妨害刑罚权（第条） ························································
第二十一章 窝赃罪（第条、第条、第条） ·········································
第一节 基础和结构问题 ····························································································
第二节 上游犯罪 ·········································································································
一、针对他人财产的违法的行为 ·····························································
二、他人的行为 ·······························································································
三、上游犯罪和窝赃之间的时间关联 ·························································
第三节 上游犯罪所得财物作为对象 ······························································
一、财物的概念 ·····································································································
二、替代窝赃 ·········································································································
第四节 实行行为 ·········································································································
一、买入或者为自己或第三人获取 ·································································
二、出售与协助出售 ···························································································
第五节 主观构成要件 ·································································································
第六节 未遂 ·················································································································
第七节 由上游犯罪的参与者实施的窝赃 ························································
一、上游犯罪参与的情形 ···················································································
二、不知情地参与上游犯罪 ·············································································
第八节 第条、第条 ·····················································································
第二十二章 洗钱罪、隐瞒非法获取的财产价值罪（第条） ·····························
第一节 基础和构造 ·····································································································
第二节 行为对象 ·········································································································
第三节 实行行为 ·········································································································
一、第条第款第句的实行行为 ···························································
二、第条第款第句的限制 ·····································································
三、第条第款的实行行为 ·········································································
四、社会相当的行为 ·······················································································
第四节 主观构成要件 ·································································································
第五节 其他 ·················································································································
第六部分 毁坏财物罪（第条至第条） ·························································
第二十三章 毁坏财物罪（第条） ·········································································
第一节 基础与结构问题 ····························································································
第二节 行为对象：他人的财物 ··············································································
第三节 第条第款的行为 ················································································
一、损坏行为（?） ················································································
二、毁坏行为（?） ·········································································
三、单纯地剥夺物或者排斥使用 ·····································································
四、特别是通过涂画、污损、丑化或者未经许可贴画报的毁坏行为 ·········································································
第四节 第条第款 ·······························································································
一、第条第款与第款的关系 ·····································································
二、实行行为 ·········································································································
第二十四章 其他的毁坏财物犯罪（第条至第条） ·····································
第一节 毁坏公共财物罪（第条） ····································································
第二节 毁坏建筑物罪（第条） ··········································································
第三节 损坏重要的生产工具罪（第条） ····················································
第二十五章 篡改数据罪（第条）与破坏计算机罪（第条） ························
第一节 篡改数据罪（第条） ··········································································
第二节 破坏计算机罪（第条） ······································································
第七部分 其他针对财产的犯罪 ·····················································································
第二十六章 妨害强制执行罪（第条） ·······························································
第一节 基础与结构问题 ····························································································
第二节 对债务人即将强制执行 ··············································································
第三节 属于债务人财产的一部分 ···········································································
第四节 关于实行行为 ·································································································
一、变卖 ·····················································································································
二、隐匿 ·····················································································································
第五节 主观构成要件 ·································································································
第二十七章 非法取回质物罪（第条） ·······························································
第一节 基础和结构问题 ····························································································
第二节 受保护的权利 ·································································································
第三节 取走要素 ···································································································
第四节 主观构成要件 ·································································································
第二十八章 非法狩猎罪（第条） ·········································································
第一节 基础 ·················································································································
第二节 客观构成要件 ·································································································
第三节 错误情形 ·········································································································
关键词索引 ·················································································································································
显示全部信息