For example , " in commendam " should be limited in custodial behaviors which are produced by clientage based on trust ; as for borrower relationships , leasehold relationships , guarantee relationships , spontaneous agency and unjust enrichment , the embezzlement in others " properties should be solved by civil means 如“代为保管”应仅限于基于信任委托关系产生的保管行为，对于借用关系、租赁关系、担保关系、无因管理、不当得利而形成的对他人财物的侵占行为由民事手段解决。
2.
In view of the existing mode and condition of the commendam , oblivious property , fortuna , we concluded that the owner of the property which was formulated in the no . 270 in the criminal law - - - - " another person " should be individual , therefore it is unconvincing that the object of this crime is the ownership of public or private property 鉴于代为保管物、遗忘物及埋藏物在实际生活中的存在方式和状况，可以认为， 《刑法》第207条所规定的财物所属人? ? “他人” ，应指个人，因此说本罪的客体是公私财产所有权并不令人信服。
3.
But there are still great differences in some theoretical problems , such as ranges in commendam , indecisive consistency between oblivious property and lost one , the time limit of refusal to return or refusal to hand in , litigant forms , and in judicial practice , cognizance of non - crime , this - crime , mat - crime and some difficult and complicated cases 但还有一些问题仍存在较大分歧，如“代为保管”的范围、遗忘物与遗失物是否同一、拒不返还或拒不交出的时间界限、该罪的诉讼形式等理论问题，以及在司法实践中对一些疑难复杂案件罪与非罪、此罪与彼罪的认定问题。
4.
The article put its emphasis on discussing the object of the crime of embezzlement , the characteristic of the objective aspect of crime and means of prosecution , etc . the author considered that the range in commendam include the property held in trust immediately by another person and the property held by the owner himself while illegal action of keeping is an exception 论文重点讨论了侵占罪的客体和对象、侵占罪客观方面的特征以及追诉方式等问题。笔者认为，作为侵占罪的犯罪对象，代为保管物范围包括经他人主动委托保管的财物和行为人自行保管的他人财物，但非法保管除外。
