| The conception of possession is based on the possession in civil law, which has not appeared in criminal law, but research on the possession is the first step to study property crime. It is necessary to judge guilty or innocent, to distinguish between this crime and other crimes. The nature of property crime is a violation of possession. The crime of seizing property is destroying the existing possession, and make it controlled by own or others. The crime of illegal possession is the abuse of power. Property crime protects possession, but not the ownership. No matter with or without power source, legal and illegal possession occupy the same protection by criminal law. The ownership of the property taking possession of his riches without authorization also constitutes a crime, if it does not belong to the situation of self-help. The first chapter compares these different theories on the nature of the property crime.When many people have possessions of the property, identifying who is the real occupant is the key to distinguish between the crime of seizing property and the crime of illegal possession. Under the relationship of superiors and subordinate, it is decisive to confirm the possession fact strictly according to the situation. Under the relationship of equality, the one pocketing the property from others will be indicted on a charge of thief, and the amount of theft is based on the value of property as a whole. The second chapter explains the possession and criminal behavior found in certain relationships.The word “property” is used to express the most property crime object, but the concept and scope are not clear. There are some special properties, such as intangible property interests, deposit in an account, packaging, forgotten objects, lost property, lost based on the intention of owner, judging crime is complex in the special situation. Answering these questions is the solution to some difficult issues. The third chapter analyzes the possession of special property. |
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