Research On Property Crime Of Illegal Possessionn Purpose

Purpose of illegal possession of questions about criminal law dispute endlessly, hot spot among mainly in property crime, its origins are in China’s criminal law does not provide for the purpose of illegal possession of property crime, according to the principle of legality if it should be included in the acquired type of property crime the constituent elements among its existence should be independent, what if there is no reason? If there is, then there is nothing on the basis of how well they are in the position? Theorists have different opinions, but its a consensus, for the purpose of illegal possession connotation is eyes of the beholder, the center is to "occupy" the concept is unclear, but the theoretical analysis and argument, after all, in order to serve the practice of justice the practice has been that their presence is necessary, but as subjective factors such independent (some scholars call it over elements) in practice and difficult to identify, and their relationship is intentionally direct how the purpose of illegal possession and so produce a series of questions to determine how time, the following sections of this article by progressive layers to be demonstrated:The first part of the content for the purpose of "necessary" and "don’t speak" contend for the illegal possession, its main purpose is to investigate the illegal possession of the purpose of abolition, if necessary, have their own reasons and opinions to support their opinions, the author analysis the reasons respectively to advantages and shortcomings, and that don’t deny reasoning the necessity of its existence is the principle of legality of the mechanical interpretation, is not precise.The second part is to carry out the purpose of illegal possession of theoretical inquiry, the author uses a comparative analysis methods to analyze the purpose of illegal possession of criminal law meaning, first summarize the comments and evaluation of the concept of domestic scholars have pointed out that one of the deficiencies and then again learn from civil and common law interpretation of "possession","direct intent" and other related concepts boldly define its proper meaning:the behavior of people missing in the case of rights conferred, excluding public or possession of the property of others, and intent to achieve possession, use, income, property disposition of mind. And with "possession of criminal law" related to the concept of easy to be confused with the "Civil in possession","hold" comparative studies, and further clarify the concept.The third part of the criminal law "possession" of a more clear definition of the basic concepts, from the perspective of elements of the crime of illegal possession purpose to examine what the position in which the place of issue, and to clarify the purpose of this nature, with the direct intent relationship, finds that it is an independent constituent elements different from intentionally subjective elements, and different from the direct intention of this psychological tendency to pursue criminal outcome.The fourth part of the face of the purpose of illegal possession of identification difficulties frequently appear in the judicial practice, I introduced the concept of criminal presumption, based on the analysis of defining the concept of the presumption of illegal possession purpose and meaning of existence deficiencies, and the intention of actively looking out a scientific and reasonable solution.The last part of that is the fifth part of this article, the author attempts to "illegal possession purpose of generating time" perspective, and through the practice of specific cases to explain the purpose of illegal possession, generation time of its conception, resulting in different time periods, and aspects whether it produced and what impact are formed on a variety of property crimes such as presentation discusses its necessity as an independent existence of the subjective element of proof again.