Research On Crime Of Possession

As a new crime, the crime of possession has become a hot topic in criminal area these days. About the crime concept, component feature, crime form and the relative judicial issues, scholars have different comprehension. According to this , The author shows her own opinions on possession crime based on the criminal law. The author hopes that this paper will benefit development of theory of the criminal jurisprudence in our country. The paper can be divided into five parts.The first part gives the brief introduction of crime of possession. By analyzing different point of view, the author concludes that the "possess" in criminal area is a behavior but not just a condition. Besides, such behavior is a kind of action rather than omission or the thing beyond the action and omission. Concluding and summarizing from the nature of the object of such crime, the author regards that such object could be termed as "contraband goods", and the control of such object includes the control in law and control in fact.The second part discusses the concept and the legislative value of crime of possession. The author concludes possession crime is kind of crime in which the doer breaks law and dominates the contraband goods, hasn't commit other crimes but should be punished by criminal law. The significance of the legislation lies in its preventing crime, improve the criminal law system and protect public interest. In substantive criminal law, the legislation for possession crime can prevent the preparatory behavior for a crime and unlawful infringement, protect the public and prevent shuffling out of penalty. In criminal evidence law, the legislation for possession crime can alter the content of criminal evidence and lower the standard of evidence.The third part discusses the constitution of crime from the object, subject, object aspect and subjective aspect and analyzes the particularity and generality.The fourth part discusses the identification of the crime of possession. First, the defendant should take part of the burden of proof. Second, the conspiracy is discussed from the object, intention and action. Third, the relationship among the "upper crime" and "lower crime" is discussed. The fifth part discusses the leaks and maturity of possession crime legislation. Considering that the legislation of possession crime has inconsistent accusation, lacks of normalization scientific expression and reasonable statutory penalty, and leaves out some important criminal conviction, the author offers some practical suggestions.