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Research On The Intention Of Illegal Possession

Posted on:2006-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:X H LeiFull Text:PDF
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This article aims to analyze the legal origin, logical connotation, judicial decision of illegal possession in Criminal Law by using comparison and contrast. By pointing out the relevant stipulations of the purposes of illegal possession in Criminal Law of different countries and concluding the legislation characteristics in Criminal Law in China, this article attempts to define illegal possession in Criminal Law and propose the thought and solution to judicial estimation of litigation proposition of illegal possession.In such continental law system countries as Germany, Switzerland and Russia, the act of illegal possession is emphasized to reflect the purpose of illegal possession; whereas in such common-law system countries as Britain and America, the right of victims being infringed is emphasized to reflect illegal possession. In China, there are three settings for crimination of illegal possession in Criminal Law. Narration setting indicates the purposes of illegal possession; hypothesis setting prescribes the act of illegal possession; vacancy setting describes the different conditions related to such crime.In Germany and Japan, there are three theories about the definition of the purposes of illegal possession: right-holder exclusion theory, punishment theory and compromise theory. In Britain and America, the national legislation emphasizes the basic concept of "permanent deprivation". In China, the interpretation of the purposes of illegal possession includes intentional possession, illegitimatepossession, illegal profit and the contrast between intention exclusion doer and the ownership of property. A standard definition of the purposes of illegal possession is the permanently intentional illegal possession of other people's property and the permanent deprivation of such property from the original owner.Judicial hypothesis may decide the purposes of illegal possession. Hypothesis includes fact-based hypothesis and legal hypothesis. The traditional crimes of property infringement like theft, robbery and defraudation as well as the newly-emerged economic crimes belong to legal hypothesis. Narration setting and hypothesis setting belong to fact-based hypothesis.
Keywords/Search Tags:purpose of illegal possession, purpose of crime, property, subjective important condition of crime, hypothesis
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