Reinterpretation Of "Possession" In The Property Crime

Possession is the core concept of property crime.Tangible thing is the core of the traditional concept of possession.However,in the present,currency and trading largely abstracted,if only for physical things to explain the physical possession of an object of criminal law in property crime,you will find it unbearable utility,which is reflected in the staggering problem of identification deposits possession.The typical criminal case about "deposit possession" are "head case" and "wrong remittance" case.In the discussion of these two cases,possession for the legal is certified in establishment of misappropriation,and the concept of possession of Increasingly dependent concept.In our criminal law,The argument on Possession of deposit embodied in the "Ho Peng case",which is discussed in more diversified compared to Japan.In the debate on the Possession deposits,what presents is the conceptualization of abstraction and the concept of possession of property crime object.To explore possession deposits as a starting point,the concept of criminal law in the possession of property crime should fit reality,re-interpretation and discussion.Interpretation is divided into three parts.The first is to explore the subject property crime,property crime through said generally divided into two types of objects of property and property interests under the existing criminal legislation,the object of property crime and no charges will vary according to distinction,should include body property and property interests.Next,the concept of possession should also be understood again.Possession of criminal law on the fact that corporations are state,but that does not mean it is a physical concept.Factors determining factor is the concept of judgment in fact possess,in fact,occupy no physical presence or absence of control because vary.Finally,possession is determined approach should be re-interpretation.Author of this design,the introduction of the concept of civil law and possession of criminal law on the transformation to the "right" and presumed by the existence of possession,possession with the habit of judgment and maintain the loss,so that it can clearly finds more convenient possession;As virtualization property interests,lattice theory was to make the system can be applied to the possession and ownership of this approach can be applied accordingly occupied judgment.It should be noted that the criminal law should recognize rights,especially claims as possession of an object,"quasi-possession" on the criminal law does not adapt possession design,it should be rejected in the criminal law.