On The Possession In Criminal Law

The criminal law of property ownership is the state which is actually control and management. It is important significance to conform property crime. Theft, Snatch, rob, defraud and blackmail are all the crimes that transfer possession of property from one to the other. But establishment of misappropriation needn’t transfer possession of property. Because these crimes relate to the concept of possession, that we research deeply the possession of property in detail t is very important, the determination of possession, generally need to combine comprehensive factors to judge, such as, the type of goods from, the nature, the shape, the location of the people and social ideas, the relationship between the people and property and others. Recently, the special research on the problem is merely blank in criminal academic circle of our country. When scholars interpreted the concept of possession in the specific problems, they usually mix up it with possession in civil law. So, on the basis of researching comparatively relevant theories and practice of justice in foreign country, I have analyzed definition of possession in criminal law, establishment of possession and differences between it and possession in civil law in detail. And I have detailed the situations focuses on which are the bigger of several disputes. I hope that these researches are of benefits to properly definite the relationship of possession of property.The article is divided into three chapters.In the first chapter, the author introduces the definition of possession in continental law system and Anglo-American law system. As well as few views of criminal theory in our country are generalized.In the second chapter, the author mainly analysis the judgment which has established specific conditions of criminal law, and the possession in criminal law and discrimination of relevant concepts. Contrasted with the possession of the civil law, criminal possession of the objective dominate form is more real, the meaning of subjective possession is more norm the nature of possession that they legal or not is not important. Compared with the concept of holding, both of them have a lot of different places. Compare the difference in these concepts plays an important role to correct grasp and define the concept of criminal law.In the third chapter, I have researched some particular possessions, such as common possession, possession with superiors and subordinate, possessions of package goods and deceased person’s property. According to the current view, there are many theories are analyzed, and the corresponding list of specific cases to determine the dominating relations in criminal possession.