The Purpose Of Illegal Possession In Criminal Law In China

Illegal possession purpose is an important concept, but the dispute about it has lasted for a long time, which not only influences the deep research of it, but makes the judiciary practice confused. The systematic research of illegal possession purpose which is inorder to clarify the confusion, eliminate the bifurcation, and deep the research is important to both theory and practice.The dispute of illegal possession purpose is because of the different understanding about it. Some people take the original meaning of illegal possession purpose into their understanding, other people emphasize the affixed meaning of illegal possession purpose, most of Chinese scholars equal it to the "unlawful ownership" or "illegal ownership". But the connotation of illegal possession purpose is always changing, and the extension of it is always expanding, so it is not easy to explain it correctly. Some above-mentioned views expand and some reduce the meaning of illegal possession purpose, all of them have obervious defection. The author uses the comparative research method and takes the existing views of Chinese scholars and balances the advantages and disadvantages to definite it: "The meaning of illegal possession purpose is to debar occupants, including illegal occupants, and come into possession of other people's property and get the actual controlling right of it, at last deal with it according to the potential usage of the property. "If the feature of illegal possession purpose is defined into the criminal motivation, undoubtedly the status of it in the constitutions of crime is destroyed, it breaches the basic theory of criminal law. So the fact that the feature of illegal possession purpose is the crime purposes can't be changed. As the subjective mental attitude, illegal possession purpose not only indicates the doer's subjective hostility and the degree...