On The Possession Of Crime

Possession committed the past 10 years our country theoretical circles of criminal law one hot issue. Amended in 1997, "Criminal Law" in the provisions of sub-rule in the crime of the possesion 8 so that a more complete system of relevant legislation in our country, but also will have committed to a climax during the study. Compared with other crime, is guilty of a class of possesion of a crime constitutes a crime on the unique. Possession who study not only has theoretical value, but also has practical value.In this paper, about 41,000 words, with the exception of the introduction and conclusion, the total includes the following four parts. Attempt to commit to existing holders of the theory and sort out the dispute, in our country, who holds the existing legislation and judicial practice, the basis of reflection on how to improve the type of crime in our country to hold legislative and theoretical development of some useful to explore and promote .Partâ… : an overview of the Possession committed. This section describes the mainland China's country or region other than the holders of the Legislative Council were committed and committed our country to hold an overview of legislative developments, and to holders of our common theoretical circles of criminal law research and major theoretical viewpoints of assessment.The author believes that holders of traditional criminal law theory and the acts and omissions of the form of two acts have different characteristics, is a form of independent acts.Partâ…¡: The possession of the crime committed. First of all, this part of the holders who have been the object of analysis, that the holders are guilty of "violation of the order-type" crimes against the state that are certain items on the management of the order, but in determining the holders of a particular crime Elements of the specific object should be its position in the legislative basis of the specific chapters.Secondly, that the holders of behavior and the objective reality of the integration movement, and a detailed analysis and elaboration. Third, that the holders of the subjective type of crime in a kind of sin is a deliberate crime. Legislative or judicial sin subjective burden of proof onto the party being sued. Finally, the author pointed out that according to China's criminal law to hold the main body of committing ordinary crimes for the main, but there are also a few of the main crime for special subjects.Partâ…¢: Possessing offenders to stop patterns. This section begins by noting that the possession committed and committed other acts, as there may be preparatory, suspended, completed, attempted to stop the form. Secondly, in the form of holding offenders to stop based on an analysis of that type of crime for the possession of the preparatory commission, the suspension of offenders who should not be attempted punishment or exemption from punishment.Partâ…£: China to possess offenders and improve the legislative shortcomings. This section is the core content of this article. This section first analyzes the type of crime held by the legisl background and the basis for possessing that the guilty in the criminal legislation in the emergence of a strong judicial utilitarian. Secondly, an analysis of the value of legislation to possess offenders.Third, analysis of legislation in our country who hold the status quo and its defects and shortcomings. Finally, China should be held by the Criminal Code of crime legislation to change the decentralized model legislation for the collection and coordination of criminal law and criminal Sentence possession configuration, the unit possession into the main body of the scope of crime, the expansion of the possession guilty of the scope of the possession.