Improvement Of Thetheory Of Illegal Possession Purpose In Criminal Law Of China

The purpose of illegal possession of criminal law theory is the eternal subject of the time,it is difficult to form one of the elements in the practice of criminal justice and crime control.Because of this,the purpose of illegal possession as the most type of property crime of the specific criminal purpose,the seemingly simple concept,but often play a key role to distinguish between crime and non crime,this crime and other crimes.So deep and the core concept,has become a criminal law research in the field of "Bermuda Triangle." Therefore,how to open the concept of the purpose of illegal possession of the mystery of the outer coercion,a glimpse of its true meaning of the true meaning of domestic and foreign scholars for the purpose of illegal possession of the academic contention can be described as bored.At the same time,the new cases and new problems exposed in the judicial practice are challenging the practical cognition and judgment of the content of the purpose of illegal possession.Therefore,from the theoretical level to the purpose of illegal possession to be further improved,the practice of typical cases with theoretical interpretation,in order to eliminate doubts and disputes,for the purpose of illegal possession of the theoretical depth and practice that has important significance and reference value.On the perfection of the theory of the purpose of illegal possession,this article based on the domestic and foreign criminal law scholars for the purpose of illegal possession of the research results and the relevant provisions of the judicial practice of typical cases,mainly using induction and generalization,comparative study,comparative analysis,deductive reasoning,In the concept of the purpose of illegal possession to give a more profound theoretical connotation.The first part of the article is the preface,summarizing the research status,the research significance and the research mentality of perfecting the theory of the purpose of illegal possession as the content of the article.The second part of the article from the perspective of comparative law on the civil law,Anglo-American law system and the criminal law on the theoretical connotation of the theory of illegal possession of the pedigree combing and doctrine.In the extraterritorial criminal law,the understanding of "the purpose of illegal possession" in the civil law system has gone through the theoretical point of view of "excluding the rights holders","using the means of disposition" and "compromise theory".Tong said.And the common criminal law theories of the common law countries represented by the United Kingdom and the United States are more focused on the analysis of "permanent possession" and "deprivation" of "illegal possession".In contrast,the theoretical circles of criminal law in our country have formed the theory of "intention possession","illegal all","illegal profit" and "fact possession"(not to say)Theoretical point of view.The third part of the article to undertake the second part of the domestic and foreign "on the purpose of illegal possession," the theory of combing the Continental Law,Anglo-American legal system and the views of each theory to comment and comment on the affirmative factions on the basis of the doctrine,Pointing out the defects and shortcomings of its theory.At the same time,in view of the existing schools of the theory of contention,the emergence of new cases in judicial practice,exposed new problems also make the point out and evaluation,so as to practice from theory to theory below for doubts.The fourth part of the core around the typical case,the essence of the object of illegal possession in the judicial practice,based on the current criminal law theory and research results,for the purpose of illegal possession concept summarizes the essence from the abstract level,and the combination of theft and other type of property crime is attempted standard,will grasp the recognition of the purpose of illegal possession of practice clear value.And the essence of crime is a serious social harm as a test,and finally realize the purpose of illegal possession of more profound theory and perfect interpretation.