Concept Of Possession In Criminal Law

Theft, Snatch, rob, defraud and blackmail are all the crimes that transfer possession of property from one to the other. But establishment of misappropriation needn't transfer possession of property. Because these crimes relate to the concept of possession, that we research deeply the concept of possession of property in detail t is very important, if we want to properly determine these crimes. But the special research on the problem is merely blank in criminal academic circle of our country. When scholars interpreted the concept of possession in the specific problems, they usually mix up it with possession in civil law. So, on the basis of researching comparatively relevant theories and practice of justice in foreign country, I have analysed definition of possession in criminal law, establishment of possession and differences between it and possession in civil law in detail. I hope that these researches are of benefits to properly definite the relationship of possession of property. This article is totally divided into five chapters. The first part is the introduction. I have mainly introduced the intent of this essay.In the second chapter, I have researched comparatively the differences of definition of possession in the criminal law theory of the continental law. On the basis of the research, the article have analyzed the conditions that establishment of possession need in the academic field and the practice field in different country. Usually, the establishment of possession needs possession's fact and intention. But specific content of possession's fact and intention isn't same in different country. In the third chapter, I have analyzed specifically the factors that establishment of possession in criminal law need in our country. Understanding of possession's fact and intention should be consistent with our legal system and convention of controlling and dominating property. Different possession should have different specific contents in relationship of controlling and dominating property. In addition, besides of the relationship of controlling and dominating property, establishment of possession requires also that subject and object of possession must conform to the requirements of legal system and social concept. Properties of object of possession are very important for establishment of possession. The formations of controlling and dominating property that different possessions require aren't same, the effect of possession aren't same.In the forth chapter, I have researched mainly the differences between possessionin criminal law and one in civil law. The differences have existed since the Roman law era. Compared with possession in civil law, the objectively dominant state of possession in criminal law is more realistic; the sub ejective intention has more elements of law. The determinations of lawfulness of the possession are not important. These are relevant to position and function of the two possession in legal system.In the fifth chapter, I have researched some particular possessions, such as common possession, possession with superiors and subordinate, possessions of package goods and deceased person's property. The establishment and belongs of these possessions should be determined according to septic dominant state.