Research On Possession Offenses

Possession offenses is a kind of crime that illegally controlling or dominating specific items in fact or in law which were forbidden by the criminal law deliberately, and the possession can't be treated as any amended forms of other crimes. They have many characters such as the possessing without cause, the possessing without purpose, the possessing without harm, specified conduct object.The reason why possessing certain items is criminal, is that it has violated the specific management system, and the social order and security have a potential threat. As the specified conduct object, possession offenses have the capabilities of preventing serious crime to happen, improving the criminal law system and protect public interest, its implementation means are that legislators use legislative techniques in criminal substantive law to actually change the criminal certificate content, reduce the difficulties of convicting, rather than some scholars regard as no conduct liability, no fault liability, the transference of proof burden. However, the functions and values of possession offenses do not obstruct holding those acts illegal basis for its harmful to society, their evaluation of the one and only holders of behavior, so set the legal punishment should be appropriate.It is very important to find the meaning Of possessing, as it's the chief element of the offense. Possession means one has legal control or physical control of a specific article, and continuity of its certain period of time. "No act, no criminal," the basis of possession offense is possession, but not a state or any others; possession offense is violating the criminal law to possess specific article, which disobey the prohibition norms. Also the distinction between prohibition norms and command norms can determine the boundaries of acts and omissions, therefore, possession is an act, and the omission theory and the third form of the criminal conduct are no baizes. Therefore, the citizens need only not to illegally possess certain items, do not impose the citizens a duty that delivery the specific articles that they hold for casual or provisional to specific agents.Despite the possession offense has a long history in our country, the legislation is not perfect, while there are some inadequacies, such as random description, disharmony of statutory penalties, and those should be amended.