A Theory On The Purpose Of Illegal Possession In The Criminal Law

The purpose of illegal possession is that most doers pursue the target in the property possession and also an important concept in the Criminal Law. How to understand and define it is not agreed on in theory. It seems simple but complicated, involved in many theories and practice. By further studying the purpose of illegal possession in sgsetem, it is helpful to eliminate the differences in theory and put law practice in order, to differentiate criminals from non-criminals, successful criminals from abortive ones, these criminals from those, to realize and understand the law situation of the purpose of illegal possession at present and to aim at the accurate definition, advancing legislational and judicial explanations involved. In a word, it is valuable to further study it either in theory or in practice. The thesis states and dose research on it in four parts.Above all it is necessary to know the concept clearly in order to do further research on the purpose of illegal possession. The reason why specialists have different theories about it is that specialists have different ideas about the concept, especially understanding of possession. Some learners understand it of original meaning, some understand it of additional. Recently others have accepted it as unlawful possession or illegal property. The upper is partly reasonable but partly wrong. The purpose of illegal possession is a concept that intension changes over time and extension extends continuously. It is not easy to understand and explain it accurately. I give a definition in the thesis by comparing research method, The definition is this: Doers intends to exclude possessors including illegal possessors and own the proerty controled by others and really take possession and control it, The purpose is defined as doers' hope and pursuit of harmful result .In a word ,the accurate definition of the purpose of illegal possession is that doers intend to exclude possessors including illegal possessors to own property controled by others ,take possession of it really and control it as a matter of fact ,its concrete content being illegal possession ,its subjective attitude being illegal possession ,its subjective attitude being the purpose.Part One is focused on the constitution of the purpose of illegal possession .It is valuable to do research on the purpose of illegal possession .It is helpful to differentiate criminals from non-criminals these criminals from those, successful criminals from abortive criminals ,We can divide direct-purpose-criminals into two parts, purposive criminals and non-law purposive criminals in the Criminal Law according to whether it accepts special criminal purpose as the subjective requirement of direct criminal purpose .We also can divide possession purposive criminal into law criminals and non-law criminals in the special provisions of the criminal law according to whether special purpose is directly explicitly provided. It is believable that illegal possession purpose is a mus part of law purpose criminals, However, in theory there are different ideas whether non-law purpose criminals exist and how to understand and make sure of non -law purpose criminals. I think there are non-law purpose criminals in our country and illegal possession purpose is a must part of it.Part Two is concentrated upon analysing the law situation of illegal purpose in the criminal law .It explains some questions of illegal possession purpose in the criminal Law and some disadvantages of illegal possession purpose in judicial explanations.Part there states that the countries of continental lagal system and English-American law formulate illegal possession purpose in criminal legislation and law practice ,Not all is the same, some advantages can be used by us ,We should use their achievements to solve the same problems of illegal possession purpose in the criminal law .Part Four is focused on the law improvement of illegal possession purpose in the Criminal Law .some suggestions are giver how to improve the law involved and solve some problems of the law definition of illegal possession purpose. An accurate defintion is given to advance the law.It is difficult to accurately define and correctly understand illegal possession purpose as the subjective attitude of doers, especially in practice .The key that we accurately define it is how to understand and make sure of several difficulties.It is an effective method to presume the purpose of illegal possession by some special law articles. It is valuable to do research on it.