On The Possession In Criminal Law

Based on the reference of foreign criminal theory and practice, the author proposes that the object of crime against property should be possession. Possession theory can meet the needs of the society development and makes up the shortage of traditional theory. And based on the conclusion,determination of possession becomes important for the identification of crime against property. So the paper focuses on the disscussion of several disputed possessions. I hope that these researches are of benefits to properly definite the relationship of possession of property. The article is divided into four chapters.In the first chapter, the author introduces the definition of possession in continental law system and anglo-american law system, as well as essential elements of possession. Finally, a few views of criminal theory in our country are generalized.In the second chapter, the author mainly analyses the differences between possession in criminal law and one in civil law, along with the differences between possession in crime against property and possession in holding crime. It is helpful to deeply comprehend the definition of possession in criminal law.In the third chapter, the criminal significans of possession is discussed. In order to meet the need of the ecnomica development, build a balanced property order, and protect property ownership better, many foreign countries have adopted possession as the object of crime against property. Based on the reference of foreign criminal theory and practice, the author suggest that our country shoule adopt the same position.In the fourth chapter, the identification of several particular possession are analysed in detail.