On The Criminal Judicial Determination Of Illegal Possession

Within the field of juridical practices, a number of disputed cases have emergedwith social advancement in the recent years. One particular type of case concernsillegal possession. As far as the author is concerned, little research has been done onillegal possession in criminal law theories, and few specifications are available forillegal possession in the realm of legislation and justice administration, whichexplains why the confirmation of certain property crimes is made particularlydifficult. And so arises this question: given the importance of illegal possession inproperty crimes, would it be reasonable for us to also attend to illegal possessionfrom an objective aspect? Of many disputed cases, the author realizes that thebehavior of illegal possession is common among property offenses such as propertycrimes, financial fraud and corruption and is yet to be institutionalized. Thus theauthor decides to start the discussion with the concept of illegal possession, focusingon its subjective aspect-purpose of illegal possession as well as its objectiveaspect-behavior of illegal possession. The dissertation aims to define the concept ofillegal possession in a reasonable and systematic way through the combination ofillegal possession behavior and purpose. In order to attain this goal, the dissertationhas adopted the methods of comparative study, case study and hypothesis study. Tobegin with, it attempts to find the predicament for the confirmation of illegalpossession behavior and why it might be the case. Next, it demonstrates thelegitimacy for the incrimination of illegal possession behavior from a criminal&civil law comparison perspective. Finally, it synthesizes the confirmation methodsthrough argumentation from both the objective and subjective aspects of illegalpossession. Also the following conclusion is drawn: the behavior of illegalpossession belongs to the structured behavior pattern, which, in line with the purposeof illegal possession, contributes to the foundation of illegal possession theory.The dissertation hopes to draw attention to the behavior of illegal possessionfrom the jurisprudential circle before an entire illegal possession system could beestablished from it. Meanwhile, the dissertation attempts to provide reference to theconfirmation of illegal possession in juridical practices. Rough as it might be, it is the author’s genuine wish that with his limited efforts, a new perspective could beavailable for those who might be equally interested in the related topic area.