The Structure Of Possession Crime

Crime of possession is a kind of crime discussion in recent years,domestic scholars have disputed the differences in many aspects,the author will summarize and reference between CIVIL LAW and COMMON LAW,put forward my own views.Since 1810,the first time since the crime of possession,our country has established the system of possession crime.In this paper,i try to analyze the reason why a action which does not have the harm of society commits crime from the two parts of the criminal law and criminal procedure law.First of all,the author starts with the basic concept of possession crime,explore its legislative meaning behind and social effect,which the possession crime is,is a state or a kind of behavior? What kind of behavior into the criminal law to sin? With these questions and then,the author from the perspective of the crime constitution,the particularity of possession crime,according to the will for possession crimes in our country at present the so-called five charges said,seven,eight charges on charges,said 11 charges,as well as with the "criminal law amendment(8)","criminal law amendment(9)" the emergence of new charges to classification and integration,refining.Based on the particularity,the procedural law in our country of possession crime is the theme of the next step,possession crime distribution of burden of proof has always said there is strict liability,inversion of burden of proof,presumption of burden of proof the author will analyze its reasonable place and put forward their own opinions.In the last part of the article,the author puts forward,criminal procedure law educational world may be applicable legal requirement classification,distribution of possession crime proof object,at the same time combined in this paper,the author of the characteristics of possession crime,the burden proof of possession crime of allocation to illustrate its object why both sides.