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Research On Possession

Posted on:2015-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:B W XueFull Text:PDF
GTID:2296330431468733Subject:Law
Abstract/Summary:PDF Full Text Request
“Possession” has a very important influence in the field of criminal law and thecivil law field.Property crime research is based on the possession theory.Possessionof property is the most important legal interests which is protected in propertycrime.There have been many criminal cases and criminal offences within cross-crosscases between, resulting in crime and non-crime, the Sin and crime of Peter becameurgent perfection of the thorny issue in current judicial practiceIn this paper,the structure is divided into four chapters:the first chapter istheintroduction;the second chapter, possession research theoretical system;the thirdchapter,problems existing in judicial practice;the fourth chapter, giving solutions tothe problems.The first chapter is the introduction of the paper,describing the current basicresearch,as well as the methods,and is the foundation of the later.This paper is based on the possession theoretical research.In chapter II, on theconcept of possession, the nature, standard and special circumstances have determinedthat another method of comparative analysis of criminal law is "possession" concept,as well as in the civil law,"possession" concept comparisons are case-sensitive.Onthis basis, the author pick up to think the nature of possession again.Possession is aobjective facts which has the right nature.Author also pick up the possession’sconcepts in criminal law,that is according to the power relations of domination ofsomething has the ability to control, discipline.After fully demonstrating the natureand concept of possession,the theroy is presented mainly based on voxel finds, voxelhas found that of the combined effect of finds supplemented by standards.The third chapter:through the analysis of cases which has raised a lot ofcontroversy in the society recently,reflecting some problems inChina’s property-crimecriminal justice practice,such as lack of system has identified standards, poorspecialized penal provisions in general terms, the Court, out of theory and practiceand other issues.The problems exposed is raised above.We should formulate possession standardsin property crime, improving the specification of criminal law systems of criminallaw, improve judicial aspects of the degree of specialization, additional measures suchas the promotion of interactive convergence theory and judicial practice, provide areference for the development of criminal justice practices.
Keywords/Search Tags:possession of nature, possession type, recognized standards, complete
PDF Full Text Request
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