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The Crime Of Continuous Possession

Posted on:2005-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:B XuFull Text:PDF
GTID:2156360152470853Subject:Law
Abstract/Summary:PDF Full Text Request
There are eight kinds of crime of continuous possession prescribed in Chinese 1997 criminal code, which invokes a great deal of discussion on it. From the author's point of view; the prevailing theories haven't given a good explain on the act personality of the crimes of continuous possession. The author starts from this point and intends to provide a appropriate explain.The thesis can be subdivided into three parts. The first part is about the concept of the crime of continuous possession. Reviewing the theories about the crime, the" author draws his own conclusion about the legal concept of the crime and three characteristics of the crime, which is motionless, unlawful, and has object specified by law. In the second part, the author introduce several theories about the crime firstly. The put out the basis of the theory kinds of theories of acts in continental law system, At last the writer elaborates that continuous possession is a kind of act from subjective and objective view. In the last part, The author points out some theories about the behavior pattern of continuous possession. As for every theory, the author gives some comments and suggests that continuous possession is a third behavior patter besides act and omission.
Keywords/Search Tags:crime, continuous possession, omission
PDF Full Text Request
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