Holds The Basic Theory Of Crime Research

The possession crime, as a crime type initially prescribed in the common law, was lately provided in the newly criminal code of our country. There were too many disputes in the theoretic and practical area of the possession crime in the study of theoretic basis in criminal law. Because of inadequate preparation for the theory and lack of the thorough study, problems exist both in theory and in practice. The author tries to grasp the internal rule of the special new kind of crime. Combining practice with theory, the dissertation is to explore the related issues about the possession crime and to emphasize its practical values. Doubtlessly, this will benefit the enrichment and the development of the theory of the criminal jurisprudence in our country. The dissertation consists of four parts, including introduction and three chapters.Introduction shows that the possession crime is a special controversial crime type in the Special Provisions of Criminal Law.Chapter one is the principal statement that many substantial disputes of the possession crime. It includes the name, the characteristics, the nature and the constitution of the possession, and the name, the characteristics, the assortment and the criminal shape of the possession crime.Chapter two is the legislative statement that illustrates the legislative values and the legislative foundation of the possession crime, lists the legislative provision of the possession crime in the criminal law in China and Abroad, and reviews the defects in the legislative provision of the possession crime in the criminal law in our country, and puts forward its corresponding suggestions in legislation.Chapter three is the juridical statement that many relevant judicial disputes of the possession crime. It includes the following issues:whether strict liability applies to the possession crime, presumption and burden of proof of the possession crime, and the resolutions of the identified crime.