Possession In The Crime Against Property

Property crime is not only the most ancient type of crime in human history,but also the most frequently occurring crime in real life.Possession,as the basic concept of property crime,is of great significance to determine whether the crime of theft and other property crimes are tenable or not.Therefore,this dissertation chooses the possession of property crime as the research object,and carries on a thorough research to it.Possession in China's criminal law is presented in three different features in different contexts.The possession in three cases is introduced first to make it clear that the possession examined is the essential element of the property crime.For the needs of the study,the dissertation holds a brief overview of the possession of the crime against property in China,civil law countries and the Anglo-American legal system.From the perspective of comparative law,the comparison between Chinese and foreign countries in the possession of property crimes and an interdisciplinary comparison between them are carried out.Through the comparison,we attempt to learn the lesson from the theory and practice of possession of property crime outside the country,and absorb the worthwhile factors in other countries,regions and civil law,so as to promote the deep development of the theory and practice of possession of property crime in our country.The basic structure of possession of property crime is carried out around the objective elements of possession and the subjective elements of possession.The objective elements of possession include two forms of possessions,i.e.the fact of possession and the idea of possession.The subjective element of possession is an essential element of possession.Based on the basic structure of possession,the special form of possession is further deconstructed.Aiming at disputes in problems of possession of property crime in judicial practices,an in-depth analysis exemplified by related cases was made in order to improve possession of property crime in our country.