On The Purpose Of Illegal Possession "of The Criminal Law

Purpose of illegal possession of criminal law is an important concept, the purpose of criminal law committed in the specific criminal purpose, the vast majority of economic crimes, property crimes, acts of people want to pursue the goal. How to understand the purpose of illegal possession of meaning, the purpose of illegal possession constitutes a crime is in what position, the purpose of illegal possession have anything to do with the direct intention, the purpose of illegal possession have time to determine the purpose of illegal possession in the present state of our criminal law, illegal possession of The purpose of criminal law theory in the how to determine crime, or not, this crime and he divided the crime? The controversy on the issue has never subsided. The controversial case has deepened a sense of "illegal possession of purpose" issues of research, but also to the judicial practice has led to great difficulties. Illegal Possession of important legal concepts that the criminal theoretical field be systematically studied and proposed the definition of innovation, both in theory and in practice, are of great significance.Purpose of illegal possession of the concept originated in Roman law regarding the "possession" of the system there, because criminal law has its own purpose, to share understanding and identified in order to distinguish between theft and occupation, accomplished and attempted, it can not be completely in accordance with the civil law possession on the possession of criminal law theory of interpretation. Purpose of illegal possession of "possession with intent, said," "lawless all said," "illegal profits", "the intent to exclude the perpetrator, said the ownership of property," the four theory, this combination of academic concepts, analysis of these theories, the author put forward a bold vision of the concept of the purpose of illegal possession, that is the purpose of illegal possession of illegal acts in the right form or without the authorization of the case, the desire to rule out the possession of illegal possession and other people, will be the property of others as their own all to obtain possession of material fact, and its property to the possession, use, income, dispose of all meaning.As the illegal possession of objective performance is a subjective mental activity, the use of the methods identified for the purpose of illegal possession, the field of criminal law has always been the case for property-based presumptions used in criminal policy. That is, in judicial practice, through the external behavior characteristics of human behavior study, the use of certain legal rules of logic, combined with practical experience in handling cases in Justice on the subjective can be presumed to have the purpose of illegal possession. Detailed analysis in judicial practice to say How to identify the perpetrator's subjective purpose of illegal possession and illegal possession of psychological purpose of human behavior have time to conduct qualitative case in judicial practice has become a focal point of controversy, often because the perpetrators of illegal possession Objective and subjective purpose of illegal possession of psychological time generating awareness of the issue of inconsistent behavior can not lead to conviction of certain crimes against property, resulting in enforcement difficulties, this paper with the "factory gambling case" the purpose of illegal possession of the perpetrator's subjective state of mind to "Contract fraud" and "Loan Fraud" as an example of "illegal possession of the purpose of generating time," the final realization of the purpose and crime problems. This article is intended by the analysis of these issues, better sound judicial practice, the purpose of illegal possession of relevant issues identified.