证据裁判主义作为一种认定案件事实的方法，是人类在诉讼中追求真理时的一种虽非尽善尽美但却符合理性的选择。
The principle that all decisions must be made in according to evidence is a method to judge the fact of a case.
侵占罪在司法实务中虽较为常见，但其认定却往往存在着分歧，主要体现在与盗窃、诈骗等相关犯罪的区分问题上。
Property conversion is commonly seen in judicial practice, but there exist significant differences distinguishing it from theft, fraud and other related crimes.
表见代理虽发生有权代理的效果，但将其归为有权代理却有诸多弊端，将其认定为无权代理则更具有合理性。
Regarding prima facie agency as authorized agency has some drawbacks, although it has the same results as authorized agency. It is more rational to regard prima facie agency as unauthorized agency.
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