Holding Crimes

The crime of illegal possession is a new type of crime generally stipulated in every state's criminal law in the world. Research on it is an important part of combined research on criminal policies to present crimes. And it has become one of the hot problems that criminologists are researching on. In order to hit, control and prevent serious violence, terror and other vicious crimes, every country has stipulated more and more on the crime of illegal possession. But criminologists have different understanding and comments on its concept, constitutional characters, stages and legislative value. According to this, the author researches on some arguable questions and proposes his own opinions and suggestions, on the basis of basic theory of criminology and the specialty of illegal possession.The paper is divided into four parts.In part A, the author comparatively illustrates different opinions on its concept, and analyses its character, finally, definition of illegal possession is concluded: "The behavior has some specific materials under his own control which, he knows or should know, are forbidden to be controlled by citizen privately according to criminal laws, or regulations" . Then, the author criticizes the concept that possession is not an action, but affirms that possession is an action in accordance with the theory and legislative practice. At last, connections and differences on possession, and action and inaction are explored. The author gives a full explanation that possession is different from both action and inaction, possession is not action or inaction sometimes and it can only be the third behavior pattern paralleling with action and inaction.In Part B, Comments on the concept of crime of illegal possession are given, and a definition is concluded : "crime of illegal possession refers to such a crime that the behavior know clearly that individual should not possess some specific materials, but to posses it intentionally and illegally, and such action is of vitally potential danger, and is prescribed to be punishable in criminals law" . The paper analyses its constitutional elements, and based on this the author think that crime of illegalpossession belongs to continuous crime, dangerous crime and action crime at the same time. At last, crimes of illegal possession are divided into two kinds of crime, that is, simple crime of illegal possession, and illegal possession denying explaining the source of this property; Comparative researches are explored according to jurisdiction practice.In part C, the paper illustrates the basis of criminology theory on crime of illegal possession. It researches on the enactment of elements through comparing some representative examples of native laws and foreign laws. Then the author thinks that the research is very valuable for tightening criminal law, improving jurisdiction benefit, preventing serious crimes, harmonizing the mass, expanding criminal research and fitting globe tendency on criminal integrality. At last, five suggestions are given on how to prescribe such crime in our country. They are: a, change scattered legislation to concentrated legislation; b, widen objects scope; c. widen behavior scope; d. add special regulations for recidivists; e. harmonize the enactment of elements and punishment.Part D focuses on how to cognize such crimes and to punish the criminal correctly. The objects, subjective aspects, limitation and vacant comment on elements are researched in a focal point view. On the basis of the example of crime of possessing guns or ammunition illegally, the author explains some basis principles and means to follow in dealing the relationship between such crimes and other involving crimes for several crimes in jurisdiction practice.