A Study On Several Problems Of Crime Of Possession

Crime of possession is a kind of crime which is objectively characterized by possessing action in criminal law. Due to our country's short history of criminal legislation, relative theory study is not mature. Based on deepening study on crime of possession, I choose crime of possession as my Master of Laws research paper's title. At the same time, as crime of possession revolves in so many theoretical and practical problems, explaining it wholly and systemically is far from fit for an LLM research paper, so I only choose some representative problems to investigate. Besides preface, this paper divides into four parts: introduction of crime of possession, value maintenance of crime of possession, analysis of composition of crime of possession, legislative perfection on crime of possession and judicial application. The whole paper has about 44,000 characters, among them footnotes about 6,500 characters. Part One: Introduction on crime of possession. This part mainly discusses the concept of possession and crime of possession, general legislative conditions on crime of possession in domestic and abroad. As possession is the nuclear content of objective elements of crime, to grasp the concept of crime of possession and to study crime of possession, we should firstly begin the study with the concept of possession. The author thinks: crime of possession means violating the criminal law, deliberately manipulating or controlling legal contraband practically or legally. Part Two: Value maintenance of crime of possession. The author thinks that value maintenance of crime of possession embodies in two aspects: as an actual expression style of ambiguity composition of crime, crime of possession concentrates on embodying social protection function of criminal law, it certainly requires us to keep the contradictory balance between criminal law's human rights safeguard and social protection functions; through reasonable assignment on burden of proof, crime of possession can release the difficulties of leading evidence, so as to reduce the cost of criminal suit, moreover, it doesn't violate the principle of presumption of innocence and the principle of burden of proof in our country's criminal suit. Part Three: Analysis of composition of crime of possession. Crime of possession has its unique merit on composition of crime of possession, this mainly embodies in subjective aspects and objective aspects, dispute about composition of crime of possession in the theory of criminal law also focus on these two aspects. Therefore, there are no more word on subject and object of crime of possession, but concentrate on subjective aspects and objective aspects. The author thinks, it's reasonable to explain most crime of possession's subjective culpability by strict liability, but it doesn't mean crime of possession needn't subjective offense, we can't equal material legal no-fault liability to strict liability; the subjectivity of crime of possession can only be deliberate, including actual intent and oblique intent. On analysis of crime of possession's objective aspects, because there are elaborations in full detail in Section 1 "concept of crime of possession", this part only looks into possessing action's legal character. The author thinks: action and omission has exhausted all types of criminal acts, and possession can't be independent of action and omission, it should belong to crime's omission. Part Four: Legislative perfection on crime of possession and judicial application. The author thinks: crime of possession's legislative technique in our Criminal Law is not mature yet, it exists some blemishes and flaws. Owing to this, we can add crime of possession's general regulations to general provisions, perfect crime of possession's regulations in existed specific provisions, add new kinds of crime of possession properly and so on to perfect it. As to the judicial application of crime of possession, the author thinks, if crime of possession and relative crimes don't belong to the conditions of whic...