Research On Possession Problems In Property Crimes

Although the possession system in the criminal law is based on the possession system in the civil law,there are some differences between the civil law system and the criminal law system,so there is a lot of difference between the occupying system.The possession system in the criminal law has a pivotal position in the basic problem of criminal law such as the crime of committing the crime of property crime and the crime.The paper studies the possession of property crime and discusses some controversial possession of property crime.In the introduction,the purpose of this paper is introduced.In the first chapter,this article focuses on combing the various theories of occupancy problems at home and abroad.It is found that the problem of occupancy in property crime is related to the problem of object identification of property crime,the crime and crime of property crime,the problem of the crime of property crime,and the problem of property crime.Secondly,it is found that the possession of property crime is mainly concentrated in three aspects:First,the concept of possession of property crime in the existence of controversy;Second,the possession of the elements of the existence of controversy;Third,the possession of the existence of controversy.The arguments of scholars for these three problems are in fact the core of the study of possession of property crime.Finally,this paper combs the theory of possession at home and abroad,so as to lay the foundation for later writing.In the second chapter,this paper studies the nature of possession.On the nature of the possession of the problem,there have been facts "and" right to say arguments.By studying the differences between civil law and criminal law,the legal interests of property crime,the object of possession of property crime,the difference between possession and possession,the conclusion is that the essence of possession is right.In the third chapter,on the basis of deriving the essence of possession,this paper argues that the establishment of criminal law requires four elements.Firstly,this paper argues that the subject of possession should not only include natural persons,but should also be incorporated into the legal person.Secondly,the objective element refers to the content of the disposition of the property to the property and distinguishes the question of how the property is judged by the domination of the property and the dominance.Thirdly,the existence of possession must have a subjective element(possessive)of the existence,but the meaning is not specific and specific,but with a general,abstract,presumption,relative.A fourth,normative element of the position of this article,which runs through the first three elements,is to determine the formation of the most important element of a set.Which contains the normative elements at the legal level,but also contains the normative elements of the general social concept level?Moreover,this paper argues that possession of attribution is related to the subject matter,which is the subject of the relevant property in the possession of the issue.But in this article,the possession of the ownership problem from beginning to end have no need for existence alone,in the possession of the relevant issues since the settlement of ownership issues.In the fourth chapter,in this paper,the first three chapters of the theoretical issues applied to the judicial practice of two more special possession of property to judge.The first is an analysis of bank deposits.The deposit problem has three views:"depositor possession","bank possession","common possession".This article from the possession of the four elements on the basis of detailed analysis to judge,that"bank possession" is more reasonable and reasonable.The second is for the possession of the judge to judge the problem.There are three views on the possession of closures:"the client's possession","the trustee's possession","the difference(the whole package and the packaging itself)".This paper holds that there is a big problem in the logic of argumentation and the balance of penalties,and that the "trustee" and"the difference between the whole package and the packaging itself" Possession of said" is reasonable,and there is no other two theories of defects.