Comment On "Illegal Possession Purpose" Of Larceny From The Case Of Stealing Car

In numerous property crimes or economic crimes, the offender often pursues thepurpose of illegal possession, which helps to distinguish between crime and non crime, thiscrime and that crime in a certain extent. Therefore, to correctly understand and grasp of theconcept is very important. However, for the cognizance of this concept, there are a lot ofcontroversies from the domestic and foreign criminal law experts. In judicial practice, thereare a lot of confusions and disagreements in cognizing the purpose of illegal possession. Thisarticle tries to combine with the specific case, and refers to the research achievements fromdomestic and foreign criminal law scholars on this issue,elaborates my own myunderstanding of the meaning of the purpose of illegal possession. Meanwhile, points out thedeficiencies of "the purpose of illegal possession" in the legislation and justice,and putsforward my own view on this system for its improvement and cognizition in the legislationand justice, in order to give benefits to cognize the purpose of illegal possession.The full text is divided into four parts to expound.The first part: Starting from a specific case and give a brief overview. And elaborates onthe controversies and problems in determining the nature of the case, which sets the stage forexpansion of the following parts.The second part: Do comparative analysis for some similar concepts: the "possession" inthe Criminal law and in the civil law,"possession" and "hold","possession" and "own", inorder to give normative implication of "the purpose of illegal possession" in the criminal law.The third part: Mainly from the perspective of comparative law, summarizing andcommenting on the understanding of "the purpose of illegal possession" connotation at homeand abroad; Combining with the understanding of the aforementioned elements, commentswill be covered in this article corresponds to the concept of case.The forth part: To combine the theory and the case, from the perspective of judicialpractice, elaborates the deficiencies of "the purpose of illegal possession" in the legislation and justice, puts forward my own view on this concept for its improvement and cognizition.And then analyses the case combining with the theory.