Study On The Intention Of Illegal Possession Of Acquisitive Crime Against Property

The Intention of Illegal Possession is an important concept in Criminal Law.The concept seems simple but complicated. It has been frequently debated as towhether it is the required subjective element in the acquisitive crime against propertyand how to understand the meaning of this intention. There is also much controversyregarding the recognition of its existence and its impact to the cases in question inthe legal practice. Therefore, within the framework of property crimes, research onthe intention of illegal possession systematically will undoubtedly benefit the theoryof criminal law and judicial practice.This paper has thoroughly studied the Intention of Illegal Possession byanalyzing cases with basic theories, using the crime of swindling, fraud and extortionas examples. With the help of foreign and domestic related academic achievements,this paper focuses on the following issues, the legal status of illegal possession inacquisitive crime against property, the supposed meaning of" The Legal Status ofIllegal Possession", and its impacts on the conviction of property crimes. This paperis composed of four chapters.Chapter1illustrated the foreign and domestic academic achievements of thestudy of this intention, focusing on the issue of whether it is necessary in theelements of the constitution of the crime for obtaining property, and differentopinions of its inner meaning.Chapter2analyzed this purpose’s legal status in acquisitive property crime. Asa criminal intension abstracting from injuring, the content of such intension can’t becontained within the willing element of intentional crime. Since the intension of illegal possession is a special part independent from criminal intent, it should be theessential element of acquisitive property crime.Based on the current concept of "The Intention of Illegal Possession ", chapter3further analyzed the concept of "Illegality","Possession","Intention", and proposedthe new definition of the concept. The concept is constantly changing. Thecriminalization of temporary use behavior has made the function of "Exclusion" nolonger necessary, and the expansion of the meaning of "Utilizing" makes it like toexplain the concept on literal meaning. Literally understanding the notion ofintention of illegal possession may conceal its indication of special damage, orexclude temporary using from punishment. In nowadays, the current definition nolonger meets the protection of the property against crimes. The interpretation of theconcept is supposed to include two meanings, one is the destruction of existingrelation of possession, and the other is establishing a new relation of possession.Taking the three elements of "Illegality","Possession","Intention", the notion ofintention of illegal possession should be defined as the subjective mentality ofsomeone who destroys the existing relationship of possession and establishes newrelationship of possession without rightful authorization or legal basis.By case study and classical theories chapter4illustrates the impaction of "theintention of illegal possession" on legal practice of acquisitive crime against property.Such impaction comes from the judgment of existence of intention of illegalpossession and the emerging time of such intention. The intention of illegalpossession is a subjective mental statement which could only be seen by criminalpresumption basing on the objective behavior. During the process of criminalpresumption, the validity of the facts is especially important, and the principle ofdisproof by the defendant also weighs a lot. Additionally, the paper proposed todetermine the time of generation with the acquiring behavior as the reference, thiscan distinguish different kinds of acquisitive property crimes, but also separateacquisitive crime against property from other property crimes.