Analysis On The Possession Behavior In Criminal Law

The problem of possession is a basic and core problem in the research of possession crime.How to confirm the nature of possession is not only belonging to the basic theory,but also on the behavior classification standard interpretation.With the crime of possession in the countries of Anglo American law system is more and more frequent.At the same time in the development of the theory of possession,possession criminal judicial organs reducing burden of proof argument was criticized on many aspects.For the study of the question of possession is not only on the behavior theory,but also is the summary and reflection of the judicial practice."No act,no crime" and "criminal behavior is the cornerstone of the theory of criminal law" have always been the "truth".It is able to withstand heavy battering follow the "truth" of the guide,held since legislators can be incorporated into the criminal law theory,the behavior of this should allow all doubt however should be,is not equal to the actual" possession,whether have behavior,should possess a kind behavior in the category,the answers to these questions we need to deduce from the concept and connotation of behavior analysis of behavior possession,also requires the rationality of the theoretical analysis to prove the nature of the behavior of possession.In order to study and analyze better the possession behavior and behavior form of ownership,this paper holds the definition of the concept,behavior of possession and possession the three part of the in-depth analysis and demonstration of the theory and practice of the possession.Firstly,this paper analyzes the life,the meaning of criminal law,and the theory of possession the basic contents,the essence is clearly hold to dominate and control the thing in fact,at the same time from possession the form,the subjective meaning possessions,pointing to the object side analysis,concluded that the criminal law holds that the concept of possession is the behavior of dominant of legal contraband meant possession,based on the dominant behavior.Secondly,this article from the nature behavior and The behavior of the concept of criminal conduct in the demonstration held.Based on the basic idea of the nature of ownership of the scholars possession the dispute that the behavior of negative and positive behavior of that sort,two different kinds of argumentation based on a comprehensive grasp,also from the traditional behavioral science essence and the main characteristics of criminal behavior reasoning theory and on this basis,from the facts,possession the essential characteristics of the three aspects of facts and norms of unity holds is the essence of infringement of legal interests and hold unity of content and behavior characteristics of the release and demonstrates the solution fully,thus refuting the negative behavior on the possession behavior point of view and argument the most.In this paper,in order to further clarify the problem behaviors from the current mainstream theory of ownership possession,as said,as said,third said the three aspects of understanding the situation holds form of ownership,from the traditional forms of behavior under the standard physical movement,social significance,law said,causal relationship the basic theory,comprehensive research inaction and classification standard,and through the analysis of the defects of these theories,absorbing the beneficial elements in the theory to enrich and improve the comprehensive content,from the structure as a matter of fact and not as the crime,the normative structure,analysis the three aspects Rechtsgut mode,and put forward according to the The classification methods of bare "behavior,criminal law,legal evaluation evaluation,reviews the reasoning process of comprehensive,more comprehensive grasp as difference and omission,to refute the omission,third views and behavior as held by the demonstration,to draw its conclusions through comprehensive analysis.To hold the basic content and Application Analysis on the behavior of the basic theory,this paper holds the concept,content,nature,has a more clear understanding of the problem form of ownership,it also provides reference basis for the use of this technology in possession legislation in the criminal law,to avoid the spread of crime of possession.