Research On The Legislative Questions Of Possession Offenses

Possession offenses have always been controversial theoretical issues now. At present, however, the focus of criminal law scholars concern on how to define the "hold" property acts and hold-type definition of the possession offenses. The scholars do not pay much attention to study the legislative value and legislative norms of possession offenses. In order to change this research deviation, the author choose the question of legislation of possession offenses as the research subject, and to discuss the legislative purpose of possession offenses is appropriate or not, and the penal of Crime is average configuration or not, legislative statements is flawed or not, legislative value is scientific or not. Through the research, the author hope that other scholars will change his research perspective to the legislative problem of possession offenses.This article is divided into four chapters: On the definition of the basic concepts of possession offenses. The legislative implication of possession offenses; On the inspection of legislative status all of the world; On the legislative defects and improvement of the possession offenses. The total words of this acticle are more than 35,000 words. As follows:Chapterâ… : The content of this chapter is to explain the two basic concepts. The first notion is "possess". So how to interpret the "possess", scholars have different opinions. Article cited the opinion of representative, and analysis of the opinion to find their reasonable and unreasonable places. Through analsis, the author obtain the concept of his own opinion. The second concept is the possession offenses. The author use the same research methods, and then explain the meaning of possession offenses. On this basis, the author defines the criminal law to hold our country the scope of type of crime. So the following study has laid a good foundation.Chapterâ…¡: The Legislative Implication of Possession . The first part is on the legislative basis of possession offenses. Firstly, it's because possession offenses are serious dangers to the society. This is also the most fundamental reason. Secondly, the aim is in order to achieve the balance between the protection of human rights and protection of society. Put the conduct of possession into the criminal law. This important legislation has the important value. It not only tight network of criminal law, but also dealt a blow to have relations with this crime. In addition, it reduces the cost of judicial complaints, proof of a rational allocation of judicial responsibility, improve the efficiency of criminal accountability.Chapterâ…¢: On the legislative overview of possession offenses. The author have searched many codes, and then sum up the legislation overview including the Chinese and foreign. Chinese and foreign are compared in many aspects for the study below.Chapterâ…£: The legislative defects and legislation to improve deficiencies of possession offenses in our country. Under the criminal law theory, on the legislation of possession offenses, there are many shortcomings and needed to be improved. In the absence of major defects in the performance of the main crime, law unscientific statements, the penalty set unreasonable, and so on. After the "shall not" principle, the principle of harmony and accurate principle, criminal law should be improved. Look forward to this article on the criminal law can be helpful to the development of the criminal theory.