Illegal Possessing In Criminal Law

Even though more than a dozen counts of accusations in the Criminal Law’s chapter of criminal against property occurred more or less contact with the possession,there is no law,for example the Criminal Law or the Civil Law, has made the authoritative, specific and detailed explanations. Although the branch of the Civil Law, just as the Property Law or the Tort Law have set several rules on it, each of them is stopped in discussing about how to relief the illegal possession. The missing in theory arise a variety of puzzles in judicial practice. Over the years, the difficult cases on the theft or the robbery or the fraud are heard frequently and has the high incidence, the key to deal with such cases is judging the possession and its effect.In order to give the clear characterization to the illegal possession and try to provide Judicial authorities with a specific and detailed system of standards in identifying the ownership of the possession and the illegal possessing to solve a series of problem in judicial practice. This paper attempts to tracing the history in possession,combining the theory and practical experience, sketching out the concept of possession in the Criminal Law and bringing the clear characterization to the illegal possession. From the features of illegal possession, with commenting the relevant theory, the paper tries to put forward the universally applicable system of rules in judging the possession attribution to set the bases of the clear judgment in whether the possession exists or who is the owner of the possession. This article is divided into three parts, as follows:The first chapter introduces the origin of the possession system, by comparison of the history of the possession system development in Roman law and Germanic law and the corresponding background, analysis the two different nature in possession as the "facts" or the "right". Though the criminal possession born out of Civil Law, it not also inheriting but also abolishing the possession which set in the Civil Law. Illegal possession in Criminal Law is a factual and exclusive act essentially. In the chapter,The essay defining the illegal possessing.The second chapter mainly deconstruct the action of the illegal possessing. The first part mainly discussing about the subjective aspect on illegal possessing. The illegal possessing must have the the factors of awareness and the possession content.The essay analyses the different meanings of illegal possession state and illegal occupation purpose. The essay analyses the objective aspect of the illegal possession.I proposing two standards to identifying the state of the illegal possessing, such as the factual standard and the monitored standard. At the same time, the paper also put forward the two standards. Instantly, Property belongs to the closed space attributes to the user of the closed space. Whether the possession has the right source and all the legal possession has different roll. The paper put forward the standard system appeals to the different situations. The action should appeal to some requirements in plots.The third chapter is mainly discussing some special cases, for example, the illegal possession of the property of the deceased, the illegal possession of the sealed material, the illegal possession of the deposits. In the case of illegal possessing the property of the sealed material, I promote“the view of distinguish ”. In the case of illegal possessing the property of the dead, I think we should recognizing the theft or the embezzlement according to the space. In the case of illegal possessing the property of the deposits, we should advocate the “bank possesses the deposits”.