Comparative Study Of Holding Type Crime In Our Country

In recent years, growing on the study of possession crime, is also a significant number of papers published academic field and practice field, but use the method of comparative research, there are few holding type crime, this article will be held on charges of our country and comparison of the legislation in foreign countries, and at the same time our country holds a comparative study of crime and related charges and find holds the essence and regularity of crime. To deepen the understanding of this kind of crime, and to effectively combat and prevent this kind of crime. This article is divided into five? parts: 1, the legislative process and significance of holding type crime in our country. Definition of 2, hold the culvert between sin and legal characteristics of the 3, holding type crime. A comparative study of 4, the related charges. 5, holding type crime problems in the judicial practice and legislation perfect suggestion.The first part briefly introduces the foreign holding crime legislation and the legislative process and the legislative significance of crime in our country. The second part mainly introduces the dispute of the holding crime of theoretical circles. From the dispute of holding, the dispute of the nature of the holding behavior to the crime of possession defined dispute. And the author of these controversial theory of my own understanding and definition of the crime of holding. The third part mainly discusses the holding crime. The subject, object, subjective aspect and objective aspect. This part focuses on the understanding of the subjective theory. And the author's own views for the subjective aspect of holding crime, put forward a theory of his own point of view. The fourth part mainly discusses China's current criminal law on the crime of Possession Category provisions. The argument about the scope of holding crime in academic circles and my understanding about holding a scope crime. The fifth part mainly is combined with the case of holding crime that encountered in the basic court in the work of author, discusses the problem encountered in judicial practice. At the same time, this part also discusses China's holding crime legislation defects and the author for the suggestion of legislation of holding crime.