On The Illegal Possession Purpose In Criminal Law

According to the provisions of China Criminal Law, the property obtained infringement of sin and economic crimes of property infringement crimes are both required the purpose of illegal possession as the constitutive requirement. Therefore, the purpose of illegal possession is a very important concept of Criminal Law. Correct understanding of this concept is helpful to distinguish innocence or guilt, this sin or another. However, the debate about it, especially on its connotation and cognizance, never stops. This situation is not only influencing the further study of this item, but makes judicial practice in chaos. In order to clarify confusions, eliminate the divarication and lead the studying on this problem to a higher level, the all-sided research on the purpose of illegal possession in Criminal Law has great significance on both theory and practice.This article, with the typical property infringement of crime of fraud and offence of robbery for example, has deeply discussed the purpose of illegal possession in Criminal Law by combining theory with real cases. The author' standpoint has been expounded by using the method of comparative analysis, integrating theory with practice, case analysis and conclusion. For the purpose of defining its true meaning properly, the purpose of illegal possession in Criminal Law is dialectically analyzed from three aspects:the legislation for illegal possession purpose of each country, the relation between the possession in Criminal Law and Civil Law, the judicial cognizance on the illegal possession purpose.The provisions on illegal possession purpose are different among the Criminal Law of the different countries. In some European continental law system countries, the behavior of illegal possession is emphasized to reflect the purpose of illegal possession; while in the common-law countries, such as England and the United States, it is emphasized to reflect illegal possession that the right of victims is infringed permanently. In China, there are three settings for crimination of illegal possession in Criminal Law. The three settings, which are narration setting, hypothesis setting and vacancy setting, are all take the purpose of illegal possession as the emphasis. As to the purpose of illegal possession, there are different theories both at home and abroad. Based on the advantages and disadvantages of these various theories, with a view to the current status in China, the purpose of illegal possession is defined as it that an act intends to possess the other's property through an illegal method, gains the profit and infringes the legitimate interests of the property holders. The true meaning of illegal possession purpose is cognized correctly and clearly by defining the object that is illegally possessed.There is lots of difference between the possession on Civil Law and Criminal Law, the relation of which must be understood properly so that the purpose of illegal possession in Criminal Law can be cognized correctly. With the knowledge on the possession on Civil Law, using the method of comparative analysis, the difference between them can be distinguished clearly from aspects of both subjective and objective sides.Illegal possession purpose, which is a subjective mental attitude of the doer, it is not doubt very hard to give a correct definition to it. So it increases the difficulty in the practice too. It is an effective way to use specific legal basis to make judicatory proof, however, we should also pay attention to the relevant issues. Most important of all, the proof standard that is resorted to prove illegal possession purpose is supposed to be highly probable standard of proof, instead of necessity standard.