The Study Of Purpose Of Illegal Possession And Proof

Purpose of illegal possession is a important legal term in Criminal law, but there are some demarcations in theories and judicature. This article aims to analyze the legal origin , logical connotation , judicial decision of possession in Criminal Law by using comparison and contras. 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 proposition the thought and solution to judicial estimation of litigation proposition of illegal possession.There are three chapters except Preface and Conclusion. Each will be separately summarized as following:Chapter1. The article starts with the meaning of possession in civil law one in criminal law, Based on these, analyses the difference between civil law and criminal law, and analyses the meaning of illegal possession. The objectively dominant state of possession in criminal law is more realistic; the sub ejective intention has more elements of law. The determinations of lawfulness of the possession are not important.Chapter2. Chapter2.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 purpose of illegal possession includes intentional possession, illegitimate possession, 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.Chapter3.There is two approaches in identifying an intention: confession and presumption. Presumption is an important issue in theory and the judicial practice. Based on the analysis of the advantages and the disadvantages of criminal presumption utilized in the economic crimes lawsuit proof, this author regards the criminal presumption as the best approach to be adopted in a criminal prosecution under the existing legislation pattern. Moreover, the author has also carried out a rational analysis and a thorough discussion on the principles of criminal presumption and the selection of lawsuit proof conclusions.