Held Crime Research

The possessing crime as a special kind of crime has been prescribed in the foreign criminal law many years ago. Although there had been a provision about crime of illegally holding a weapon in the Codes of the Tang Dynasty, the prescription of the possessing crime in criminal legislation of People's Republic of China is late. Because of the late start, studying about the possessing crime looks more superficial. Maybe the key is the study of theoretic basis in criminal law.The thesis tries to do thorough study on the possessing crime in order to advance the perfection in legislation and judicial. This thesis consists of four parts with around 35,000 words.Part one has re-defined the concept of behavior in criminal law. The author thinks that the behavior in criminal law is that the objective condition which the people control and should be controlled acts on the course of the state present of certain target, have analyzed the scientific place defined like this. Then the author has expounded the behavior of the possession and believed that possession is a sort of action rather than a state.Part two analyzes the meaning of possession from four factors. What the essence of the behavior for a crime of possession has been a controversial issue all along in the academic circles. There are several branches of theory about the essence. They are action, inaction, action in some crimes and inaction in another, and the third kind of behavior beyond action and inaction. The author has carried on the discussion from the structure normal to criminal law and the division standard of action and inaction, then points out that possession is a behavior because it violates the prohibitive norm and accords with the essential characters of action.Part three argues the subjective factor of possessing crime. Based on the theory of offense in criminal law and the difference between common law and the criminal law of my country, the author points out that the strict liability should not be carried out in our country. The subjective fault in possessing crime includes crimes of both direct intent and indirect intent. At the end, the author discusses the standard of testify about the subjective factor. Because gather the difficulty on in...