Research On Some Issues Of Possession In Property Crime

The conception of possession originated from Roman law，then graduallybecame a very important system in civil law especially in the property law. Theconception of possession in criminal law based on the possession in civil law, but withthe difference and characteristics of its own，and has important significance inconfirming whether and which crime is established. This paper is divided into threechapters, discusses several questions of possession in property crime.The first chapter is the study of theoretical dispute in the legal interest ofproperty crime. The essence of crime is the violation of legal interest that protected bycriminal law, accurately understand the connotation of legal interest of property crimeis very important in both in theory and practice. It is necessary to clarify what is thelegal interest of property crime, the ownership or the possession, before studyingissues on possession in property crime. The two main dispute theory are theownership and the possession. In order to meet the need of the economicaldevelopment, build a balanced property order, and protect property ownership better,many foreign countries have adopted possession as the object of crime againstproperty. The author puts forward her own point of view.The second chapter is the analysis of conditions that establishment of possessionneed. There are four parts in the establishment of possession, subject of possession, the intention to possession, the possession fact and the object of possession. In thispart, whether the behavior ability and the responsibility of nature people is need andcan a corporation be the subject are discussed. Also, the difference between theconception of possession in civil law and criminal law is discussed. Differentpossession should have different specific contents in relationship of controlling anddominating property. In addition, besides of the relationship of controlling anddominating property, establishment of possession requires of legal also that subjectand object of possession must conform to the requirements system and socialconception. Properties of object of possession are important dominating forestablishment of Possession.The third chapter is the analysis of identification of possession,includingpossession in different relationship and possession of particular property, such ascommon possession, possession of package, possession with superiors andsubordinate, deceased person property and so on.The author puts forward her ownpoint of view.