Research On Formation Of Illegal Possession In Criminal Law

Along with the further theoretical research on the purpose of illegal possession, its occurrence gradually aroused some scholars' attention. The purpose of illegal possession as a kind of subjective element is always one of the important part of criminal law theory, however only a few scholars explore on this issue. The purpose of illegal possession, which influence directly on convict and show the degree of crime's subjective vicious, is of the most importance element in economic crimes, property crime and corruption. From the theoretical level of speaking, research on the formation of illegal possession, is actually the deeper research on the illegal possession purpose from a special angle which is quite different from the traditional research; From the judicial practice point, it is very important for the accurate conviction and penalty, also it improves the judicial efficiency. This thesis start from a general macro-analysis to a specific-analysis on the crimes,from the theoretical level transition to the judicial practice level, and discuss the formation time of illegal possession from five aspects.The first chapter is a theoretical construction of the whole thesis. According to the investigation at home and abroad, the current appellation on this concept has not yet uniformed. As a kind of over-subjective element, researches on this issue is much limited on fact level, often in cases analysis, but more and more scholars put their attentions on it. In my thesis, I am trying to clarify its concept, introducing two principles, i.e. "Concurrence" and "subjective and objective unified", for the purpose of establish its theoretical foundation, and enrich it theoretically and normatively.The second chapter content for specific application properties, I will discuss the verdict of the formation of illegal possession purpose. There exist a theory named "afterwards deliberate", it is very similar with this topic, which always be used to solving the defects of the purpose of illegal possession. Meanwhile, to further explore the formation of illegal possession, we must establish a certain "reference point" to presume people's objective action on the basis of the facts and the law.Chapter three to five emphasis on the particularity. The third chapter which from the economic crimes perspective analysis it specifically. For economic crimes, the purpose of illegal possession has always been an issue that deserves deeper research, especially on financial fraud crime and the contract fraud crimes. On the basis purpose of illegal possession in the academic research, like regular fraud, contract fraud, credit card fraud and malicious overdraw fraud, the purpose of illegal possession play a significant role in distinguishing guilty or not guilty.The fourth chapter focuses on the property crimes, explore the formation of illegal possession in fraud, theft and robbery, by analyze some specific cases. For example, embezzlement is someone already lawfully hold someone's property, that is a illegally occupy which not remove property ownership; On the contrary, like burglary and fraud are the property crimes, the purpose of illegal possession generally produce in the implementation of depriving others' property ownership. After the analysis on each crime, the formation of purpose of illegal possession no longer remains in case analysis aspect.The fifth chapter on the perspective of corruption crimes, the purpose of illegal possession is the main discrepancy between corruption and embezzlement. Since the rapid development of science and technology, the criminal method of corruption also gradually appears complexity and diversity. Embezzlement and corruption become gradually similar with each other on the criminal method; consequently, it is very essential to focus on the illegal possession.