Research On The Several Problems Of The Purpose Of Illegal Possession In The Criminal Law

After Graduated from the university, I joined the prosecuting authority. In nearly 5 years of judicial practice experience, I usually come up against some easily to be disputed, unevadable criminal issues, which lead us to dig and analysis the deep-seated matters, the Purpose of Illegal Possession is one of these matters. Therefore, I choose it as my master degree thesis, making further studies to get a new distinctly conclusion. During these studies, I am so honored to get supervision from predecessors and mentors, which will be helpfull for my further work in prosecution.In Chinese Criminal Law, the Purpose of Illegal Possession mainly appears in the property-type crimes, and our criminal law on Purpose of Illegal Possession is basically expressed in three forms: first in the suggestive way of expression, secondly in the reflection of crime and the third is omitted expression. For the omission expression, there is neither clause to define the Purpose of Illegal Possession, nor through description of the behavior to reflect the Purpose of Illegal Possession is necessary, so is that mean the Purpose of Illegal Possession is not necessary? After comparing Chinese and foreign criminal law about the Purpose of Illegal Possession, I combine theories and cases to expound the necessity, connotation, classification, and judicial cognizance of the Purpose of Illegal Possession. Before expound the meaning of the Purpose of Illegal Possession, I explain the meaning of the Possess firstly, then classify the Purpose of Illegal Possession from three ways, the perpetrator's attitude to repay the illegal possessed property, the happened time and the behavior mode of the illegal possession.At last, I discuss the judicial cognizance and elimination of Purpose of Illegal Possession associated with our judicial practices, especially in the cognizance of the disputable imputation.