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On The Proof Of "Purpose Of Illegal Possession" In Criminal Law

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
GTID:2336330512495219Subject:Science of Law
Abstract/Summary:PDF Full Text Request
"Purpose of illegal possession" is an important part of criminal subjective constitutive elements.Because of the inherent nature of the subjective state of the perpetrator,it is not easy for outsiders to know that there are often cases of incrimination that can not prove that the perpetrator has "illegal possession" in judicial practice.At present,the difficulty of proof of "illegal possession" mainly lies in the fact that under the traditional theory of criminal litigation,it proves that the method of "illegal possession"has chosen and applied the standard of proof based on the presumption rule.Therefore,the theory of "illegal possession of the purpose of proof' to sort out the basic theory,no doubt will be more conducive to the practice of judicial practice,for the maintenance of the dignity and unity of the law,is of great significance.Unfortunately,most scholars in the country have discussed the issue of "illegal possession" more than a specific offense,obviously this method can not effectively solve the "illegal possession of the purpose of proof' of the fundamental problem.The author combined with the existing theoretical doctrine and judicial practice,from the following four parts of the "illegal possession of the purpose of" proof:The first part of the article is mainly on the "illegal possession " involved in the basic theoretical issues necessary to sort out and explore.First of all,the use of normative analysis of the definition of "illegal possession" in the "purpose" and "possession" of the meaning of criminal law.Secondly,it summarizes the current situation of "illegal possession" in China,including the traditional theoretical doctrine and the traditional way of proof of "illegal possession".The second part of the article combined with the status quo of "illegal possession"in China's judicial practice,combined with the current application of the relevant laws,regulations and judicial interpretations of "illegal possession" in China,through case analysis,This paper makes a detailed analysis and reflection on the current situation and difficulties of "illegal possession" in the current judicial practice,and sums up the problems existing in the traditional proof theory and the limitations of the traditional proof.The third part of the article mainly puts forward the causes of the dilemma of "illegal possession" in judicial practice,and analyzes the existing problems of the theory of"illegal possession" theory,including the lack of theoretical research on criminal proof,The lack of general knowledge of the problem,at the same time,the existence of judicial practice in China for the "illegal possession of the purpose of proof of evidence of less source of evidence,the traditional theory of litigation difficult to solve the" illegal possession of purpose "proved difficult,presumption of theory facing obstacles and application of chaos and other issues.The fourth part of the article points out some of the author's own ideas in view of the problems existing in the theory and practice of our country,which proves that "illegal possession" mentioned in the preceding article.First of all,on the basis of clarifying the basic theory of the concept of "illegal possession" and the basic theory of presumption,we summarize several methods to prove the purpose of "illegal possession",including changing the object of proof,prescribing the presumption rule and introducing the guidance case to guide the relevant judicial practice,to explore the construction of our"illegal possession of the purpose of' the rules of proof.
Keywords/Search Tags:Purpose of Illegal possession, Evidence, Presumption, Prove
PDF Full Text Request
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