Legislative Interpretation Of The Purpose Of Illegal Possession In China's Criminal Law

The purpose of illegal possession is a vital concept in criminal law. Unlike acquisitive crimes (except for crime of misappropriation), economic crimes and bribery and corruption crimes, many property-related and economic crimes need the elements of purpose of illegal possession and deliberate aim in the criminal constitution. Even though the criminal law of China does not precisely stipulate the purpose of illegal possession, the intensive study has been made by Chinese scholars. At the consequences, the diverse thinking has been contended. The three aspects of content in the thesis have been presented to describe the purpose of illegal possession in theory and practice, including the definition of concept of illegal possession, type division and relativity and unity in the words of criminal law. All of the elements determine the crime and non-crime issues and decide which crime has been committed. The thesis starts from the clarification of the different theories of purpose of illegal possession. Pros and cons of these theories have been analyzed in the paper.And the right-holder exclusion theory and punishment theory in the illegal possession doctrine are adopted and then the positive and negative cases are introduced to demonstrate that the concept of purpose of illegal possession is reasonable. Based on the types of intent crimes, the forms of purpose of illegal possession and the relations between them have been discussed in the paper. From the relevant hard cases, the judicial application of types of purpose of illegal possession has been further summarized. The unity of opposites always exists. And then the systematic interpretation of law is exercised to explain the unity of the wording of purpose of illegal possession. The example of crime of fraud is used to illustrate that the interpretations shall be distinguished in both of theory and judicial practices. Finally,the theories above are applied in the practice. When solve the difficult problems based on the content of purpose of illegal possession, we need to focus on the combination of theories and practice.Three points of view have been presented in the thesis. First, the primitive illegal possession doctrine emphasizes "the state of unlawful possession". However,the Chinese scholars insist that the illegal possession doctrine contains the purpose that removes owner and utilization. Second, the crimes that aim at illegal possession are consequential offense, which need to understand its content of objective. In the view of property of the illegal possession, it is insufficient for the prosecution to illustrate the issue based on the foundation behavior. The relevant de facto act is also necessary.And moreover, the clarification of illegal possession theories has influences on the judicial practices, especially for the procurators' burden of proof. Besides, in the systematic interpretation, we shall analyze and distinguish the diverse interpretation of purpose of illegal possession based on the theories of criminal law and judicial practices.