Research On The Problems Of The Purpose Of Illegal Possession In Criminal Law

According to the provisions of the criminal law in our country, the purpose of illegalpossession is the component of some specific crime, most of which are economic crime andproperty crime and corruption crime, etc. As an important concept in the criminal law, thepurpose of illegal possession itself has the function of distinguishing innocence or guilt, thissin or another. However, the law of our country has not stipulated the connotation of thepurpose of illegal possession, some specific crimes also has not provided its identifiedsituations. As a result, leading to the controversial of the theoretical circle for connotation andidentified of the purpose of illegal possession, resulting in the chaos of recognition in thejudicial practice.Taking in-depth theoretical analysis for the purpose of illegal possession andregulating in the form of legal norms aiming at the problems of vague will be of greatsignificance for the both of the theoretical circle and judicial practice.This article mainly uses the comparison method and combination with the theory andpractice to clarify the author’s point of view. This article is a total of more than40000words，it is mainly divided into four parts:The first part mainly is from the perspective of the law in our country, having a detailedcomb for some provisions on the purpose of illegal possession in the legislation of ourcountry and relevant judicial explanation, and putting forward the problems that existing inthe law, mainly including do not have a unified legislation and judicial explanation is notperfect.The second part has carried on the theoretical exploration on the purpose of illegalpossession according to the questions putting forward in the law, containing the connotationof the purpose of illegal possession and its position in the constitutive requirements of thecrime. This part adopts comparison method to detailed inquiry the understanding of thepurpose of illegal possession in criminal law theoretical circle both at home and abroad. Inpunishment law of Anglo-American law system it is the "intention to permanently deprived ofrights of intent"; In criminal law theory of continental law system, to interpretate itsconnotation it has three views, ruling out the mean of rights, the use of punishment ofmeaning and eclecticism. And theoretical understanding of the concept in our country mainly has several views，the intention to own, all illegal said, illegal all say, illegal profits, and theintention to permanently eliminate the ownership of property. On the analysis of the point ofview of both at home and abroad, the author determines the reasonable connotation of illegalpossession purpose. About the purpose of the status of illegal possession in criminalconstitutive requirements, the author is mainly from its own nature and the relationshipbetween it and the crime intentionally to delve into the debate.The third part analyzes the current judicial determination and status of the purpose ofillegal possession in our country. Criminal presumption in current judicial practice is mainlyadopted in our country to identify the purpose of illegal possession, to explore its ownmeaning and the problems of putting forward on the criminal presumption and put forwardthe perfect proposal.At the same time this article has the study on formation of the purpose ofillegal possession and provides the convenience for its recognition in the judicial practice.The last part is based on the problems in the legislative and judicial of purpose of illegalpossession to improve suggestions for expanding the law. The author hopes to offer help forthe theory and practice to understand correctly and deal with the related crime according toclear the connotation of the purpose of illegal possession and perfect relevant legislation andjudicial interpretation, so as to effectively punish crime and protect the people, safeguardsocial fairness and justice, promote economic, social harmony and stability.