The Possession Of On The Criminal

In judicial practice, cirminal law, the possession and the understanding andapplication has become property cirme even property crime outside many cirmesidentified the need to study the important object. Possession compared to thepossession of the Penal Code and the Civil Code and more realistic. Possession ofcriminal law is not fully in China’s criminal law theory, not enough to solve the manyproblems in the practice of specific property cirmes and other criminal convicted andpunished. For example, the purpose of illegal possession How to decide? Propertycirme must require the violation of property ownership? Criminal law should protectthe possession?Combing through criminal law occupies theory discussed to improve China’scirminal law on possession should recognize and clearly an important practicalsignificance.The first is the need for cirminal law protection of possession. The status quo ofChina’s cirminal law and possession research: clear possession of the protection of thespecific content of the legal interests protected. The main theory is divided intoownership mixing said and possession. Ownership of said property committed mostlyinfringe on the ownership of all power. Fact with the need to make full use of socialresources, the separation of ownership and possession of the very obvious. Thedoctrine does not completely solve the specific problems in the practice. China injudicial practice did not entirely agree with this point of view. Mixing said that crimesagainst property, protection of property ownership and this irght to possession and thenrecovered through legal procedures. Mixed to say the theory is also flawed. Modestycontrary to the Cirminal Code to deal with specific issues. Possession of the saidtenure systems should be regarded as a violation of property cirmes to protect legal interests. Give the same protection to all without this right of possession. The doctirnealso has some obvious disadvantages. Because the purpose of the cirminal law is toprotect the legal interests to maintain social order, but there is no doubt should notprotect illegal and legal interests.In view of this, we have a question: possession of the concept in the theory ofChina’s criminal law system should be in what position? Possession should protect?Combing through the many problems in the practice and analysis, concluded that thelack of the Cirminal Law of the possession of the actual situation of the research andits application in practice. Therefore，cirminal possession protection inadequateresearch problem to be solved.Secondly, the possession of civil and common law systems theory, it can be seenthat the two law systems that possession is a de facto control and dominance. Thedifference is that the common law system, because the right to possession of thefactors you need to first possession of the legality review. Broader definition of civillaw occupies connotation. The theoretical basis of our tenure systems are stillrelatively weak foreign reference to the theory diiffcult to solve specific problems inour judicial practice, the need to develop the possession theory suited to their ownnational conditions. I believe that the possession we deal with the criminal law in arich and accurate understanding of the connotation in possession of the property in factgoverned under the management of the state of non-controversial premise, should beestablished concept, view this article: Although the cirminal law on the possessionmust be the fact, the reality on the possession, but not to master the property isnecessary. Cirminal law on the possession should be exclusive, rather than the entirecontents of a feature exclusive just occupy.Third, with regard to the possession of the constituent elements. Due to therequirements of our judicial practice, the possession of the state established or notcirme or produce a very significant impact. Therefore, we have the necessary elementsof meticulous research possession established. Possession of objective elements playsa crucial role in the possession of the elements in the possession of the subjective factor plays a complementary role. Determine whether to establish possession, firstfrom the possession of the objective elements control state objectively to determinewhether there is, atfer the combined the judge occupies meaning of the presence orabsence of finalized possession of whether to establish.Fourth, the theory of criminal law occupies protected has a very important practicalsigniifcance. The first possession to solve the problem of property cirme. Can see thatwe identified in the cirme or this cirme and other cirmes in the Penal Code to protectthe possession of great significance. Our view is that the irghts of people within thescope of the irght to exercise does not constitute property cirme. Pattern of instabilityin the interests of the moment, to solve such huge profits for Dun sensitive cases with apositive and practical significance. Others claim the situation specific cases ofinrfingement of lawful possession, ownership in the property without permission toretrieve any other person in the lawful possession under claims of others is not a wayto the possession of the commencement of the theory can easily accurate definition ofthe cirme and non-sin. This cirme and other cirmes of Embezzlement and snatch thecirme, the thetf of sin and delivery of crimes, to win the boundaires of the sin and ruinof sin becomes easy to distinguish from the possession theory unfolds.Secondly, in the case of the class been convicted of a criminal offense of illegalpossession，intent and behavior, possession of protection also highlights thetremendous power in practical applications. Boundaires dividing the embezzlement ofpublic funds and corruption, trading power for money and other cirmes of crime or willobtain accurate law enforcement the effectiveness and eiffciency of a multiplier. Therole play should be completely attirbuted to the protection occupies occupies a firmposition and penal connotation accurate grasp of the Penal Code.