On The Purpose Of Illegal Possession Of Larceny

The purpose of illegal possession as a result of most of the acquired property crime,economic crime in the pursuit of the purpose of the perpetrators,to a certain extent,help to distinguish between crime and non-crime,the crime and the boundaries of the other crime,so the correct understanding of the concept is very important.However,the concept of the identification of domestic and foreign criminal law scholars there is still a lot of controversy.Nevertheless,the criminal law community for the purpose of illegal possession of the concept,meaning and criteria are not consistent with a uniform standard.About the illegal possession of the purpose of this legal concept,if the positioning is unclear,will inevitably fall into difficult to apply the predicament,thereby affecting the larceny and the entire property crime penalty range.Therefore,this article intends to analyze and clarify the legal concept of illegal possession from the perspective of the highest rate of larceny in judicial practice.At the same time,reference to the theoretical research on the purpose of illegal possession in German and Japanese criminal law,to improve the specific content of illegal possession standards.And put forward in the judicial practice of illegal possession of the purpose of criminal justice presumption system,with a view to the purpose of illegal possession of the identification of the benefit.This article is about thirty-eight thousand words,is divided into the following five parts:The first part of the definition of the purpose of illegal possession of larceny from the perspective of comparative law to the German criminal law,the Japanese criminal law and the criminal law of the definition of the purpose of illegal possession of the object of study,through their different views in detail and summed up and summarized into the various elements were discussed,and then the doctrine of the common elements of the practice of review,give its possible shortcomings.At the same time,it discusses the definition of illegal possession in China's larceny and the reference to the criminal law of Germany and Japan.Finally,the author points out that its connotation is defined as two aspects: positive side of use meaning and negative side of exclusion meaning.The second part elaborates on the doctrine of the protection of the crime of larceny and its controversy,in which the most intense discussion of ownership and possession of the dispute.The question of the protection of the crime of theft involves the question of whether or not it is required to have an illegal possession,therefore,this article explains the dispute between ownership and possession and its effect on the purpose of illegal possession.And to clarify the relationship between the protection of the crime of theft and the purpose of illegal possession,summed up the academic community on the issue of two different views,while elaborating on this issue of the position.The third part is the positive side of the purpose of illegal possession of the use of meaning analysis and discussion.In the theory,although the definition of "the use of other things," but in the actual case of the specific application,the practice and the theory and made some additional,or add additional conditions to make more precise and specific description.Therefore,the third part of this article first describes the use of meaning of the traditional definition and function,and then summed up the practice and doctrine put forward specific criteria,and finally discuss the purpose of illegal possession of the crime of larceny and intentional destruction of the role played by the crime.The fourth part is the analysis and discussion of the negative side of the purpose of illegal possession.From the exclusion meaning of the presence of the general can not distinguish between the larceny and the use of the theft which cannot be punished.Japan as early as in the "Education Chi language" which the definition of the meaning of the exclusion,after the practice and the theory is based on this,put forward some amendments and supplements.Therefore,the fourth part of this article first describes the traditional definition of the exclusion of meaning,and then summed up the specific standards put forward by practice and doctrine,and then to explore the purpose of illegal possession of larceny in the case of the use of theft is necessary,and finally put forward this article on the exclusion of the views.The fifth part mainly analyzes the perfect path of illegal possession in the crime of larceny.The definition of legislation to clarify the purpose of illegal possession,and the strengthening of the judicial recognition of the purpose of illegal possession of the two paths.And strive to have an accurate identification of the purpose of illegal possession,to promote the relevant legislation,judicial interpretation of the standard.Illegal possession of the purpose as a subjective element,to its accurate understanding and identification is undoubtedly very difficult,practical operation is also very difficult.Therefore,the fifth part of this article proposed the use of criminal justice presumption for the purpose of illegal possession,and is expected to run the system may appear and need to pay attention to the problem.The use of a certain legal basis for the purpose of judicial presumption of illegal possession is to determine the purpose of illegal possession of the effective method,it is worth in-depth study and research.