The Identifying About The Purpose Of Illegal Possession In The Crimes About The Violation Of Property

From the clauses against crimes about violation of property in China’s criminal law stipulation we can know it,that most crimes about violation of property whose the subjective aspects of crime must have a clear purpose of illegal possession of the content; And crimes of infringing property clauses belong to intentional crimes, and thus to determine the criminal offender’s subjective would have to make sure it is that" for the purpose of illegal possession" of the crime purpose, so the requirement to the significance of property crime determination. And in the judicial practice in recent years, for "for the purpose of illegal possession" the cognizance of this element is often controversial. Especially for the requirement of judgment, tend to lack of direct evidence, must rely on the judicial cognizance of criminal presumption method, and in the process of the criminal presumption due to confirm the legality of the presumption of the content itself and its evaluation is the lack of a proper uniform standards, make judicial practice department in the actual operation that results in the difference is big, the resulting disputes.This thesis choose the brief analysis about the criminal law educational world to the violation of property crime in China and foreign countries,in the legislation of "for the purpose of illegal possession" regulations and theories research present situation as the starting point, to combine the domestic current situation of the research will be to "for the purpose of illegal possession" of the connotation of the discussion; Soon begins to "for the purpose of illegal possession" in recognition of the functional value of evaluation, and in the deep of the judicial cognizance are discussed about illegal possession purpose significance and methods, especially the present situation of judicial practice in our country "for the purpose of illegal possession" disputes arising from the criminal presumption and imperfections analysis is put forward and elaborated his own views and ideas, eventually made it clear in legislation form shall be recognized "for the purpose of illegal possession" of the meaning of criminal law and setting up situations and ruled out.