Holds The Basic Problems Of Crime Research

Possession offenses indicate penalty-deserving behavior in which the behavior person breach the stipulations of national laws and regulations, yet according to the evidence can't be confirmed to commit other crimes but meet the clear provision of the criminal law. They have many characters such as the specified conduct object, double legality of possession offenses, special mind of behavior man.Possession offenses can be categorized as.a kind of crime. The author thinks the chief reason is that it has considerable social hazardous consequences; besides, balance between liberty and order is a choice of legislation; and the balance between accuracy and indistinctness of criminal law norms is also a legislation choice.The conviction of possession offenses relates to objective aspect as well as subjective aspect. Usually possessing is not an action, but in light of normal notion of conduct, we can conclude that possessing is a conduct. The classification about act and omission relies on infringed norms. Obligation norms can be divided into prohibition norms and command norms, and a conduct infringing the former is an act, infringing the latter is an omission. So act and omission have included all forms of criminal conduct and no possibility for others. Amended maybe idea deserves advocating, that is possessing usually belongs to omission unless he knowingly obtains the possession of a specified article and at exact beginning the possession ends or merely has some evidences of the beginning. As for the subjective aspects of possession offenses, in our country there exist two ideas including strict liability theory and intention theory.For ignorance of the difference between Anglo-American law system and continental law, system, strict liability has been criticized intensively. Intention theory claims the subjective aspect of possession offenses can only be composed of intention, including direct intention and indirect intention. Its cognition factor is to know the hazardous consequences of one's possession behavior. Its will factor is to intend to dominate, control the specific article, meanwhile hope or tolerate the hazardous consequence to happen.This thesis contains preface and four parts.In preface, the disputes that exist on possession offenses are covered.Chapter I conspectus to possession offenses. This part mainly deal with the definition, characteristic and principles of possession offenses.Chapter II objective aspect of possession offenses. In this part, the action theory in criminal law is analyzed.By studying the development of the action theory of cause and effect the purpose action theory, society action theory and personality action theory, it can be found that possession is action.In conviction of possession, the following problems should be paid attention to:1. Is possession action purely objective or it requires the consistence in objective and subjective aspects? The author thinks that the convection can be made as long as the behavior person knows the existence of the article, he doesn't need to know the feature of the article.2. Does the conviction require the continuity in time? The author thinks it depend on the actual situation. In the case where the behavior person knows the feature of the illegal contrabands, continuity is not necessary; hi the case where the behavior person realizes the feature of the contrabands only till afterwards, the continuity of time is needed.3. The conviction doesn't need close contact in terms of space.4. The termination of possession behavior. When the behavior person totally lose control of the contrabands, the possession behavior terminates.Chapter III The subjective aspect of possession behavior. ? 1. By analysis of the definition and characteristic of strict liability, the author thinks strict liability should not be introduced into the criminal law of our country.2. Taking into consideration the stipulations of the general rules of criminal law, the author thinks the subjective aspect of possession offenses can only result from intentionChapter IV The range of possession offenses. The author thinks there are 8 criminal charges for possession offenses in our country.