On Possession In Criminal Law

Possession in criminal law is a deeply researched topic in continental legal system, and in Japan, the general judicial practice and theory hold the possession as legal interests in property crime. Based on the reference of foreign criminal theory and practice, the author proposes that the object of crime against property should be possession. Possession theory can meet the needs of the society development and makes up the shortage of traditional theory.This article is divided into four parts, as follows:The first part is an overview of possession in criminal law. In this part, the article mainly introduces the meaning of possession in civil law and one in criminal law, and it refers to facts of dominating and controlling with the property in criminal law. I have researched comparatively the differences of definition of possession in the criminal law theory and in the civil law theory as well as the differences between possession and the hold in criminal law. Compared with possession in civil law, the objectively dominant state of possession in criminal law is more realistic. the subject intention has mare elements of law. The determination of lawfulness of the possession is not important. These are relevant to position and function of the two possession in legal system. The scope and legal effect are both different in the possession and holding in criminal law.In the second part, the article have analyzed the conditions that establishment of possession need in the academic field and the practice field in different country, Usually, the establishment of possession needs possession's fact and intention, Understanding of possession's fact and intention should be consistent with our legal system and convention of controlling and dominating property. Different possession should have different specific contents in relationship of controlling and dominating property. In addition, besides of the relationship of controlling and dominating property, establishment of possession requires of legal also that subject and object of possession must conform to the requirements system and social concept. Properties of object of possession are important dominating for establishment of possession. In the third part, this article has researched some particular possessions, such as common possession, possession with superiors and subordinate, possessions of package goods and deceased person's property. The establishment and belongs of these possessions should be determined according to septic dominant state.In the fourth part, the legal interest in criminal law is discussed. In order to meet the need of the economical development, build a balanced property order, and protect property ownership better, many foreign countries have adopted possession as the object of crime against property. Based on the reference of foreign criminal theory and practice, the author suggest that our country should be adopt the same position.