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Research On The Possession Of Property Crimes

Posted on:2018-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:C Y SunFull Text:PDF
GTID:2356330518990110Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The determination of possession plays an important role in property crime.Different from civil law, the criminal concept of possession aims to guarantee the condition that people could possess the property stably and peacefully by the means of evaluating one's behavior. For this reason, the fact factors are essential to possession. Among the fact factors, the space-time condition is a critical one, and the factor of sense plays a negative role in general. And it should be pointed out that the normative factors have merged into the concept of possession along with that the possession was not restricted to holding. But it doesn't mean that fact factors and normative factors are in a coordinating relationship, on the contrary, normative factors could affirm the existence of fact factors.The previous studies put stress upon specific issues rather than the general rule governing the determination of possession, which is necessary for solving the problems of possession systematically. Through analyzing the common view about possession, the theory of space forms, which is based on space taboo, and is corroborated from the perspective of Economics. And the theory of space makes it easy to discriminate between completed and uncompleted relevant crime about victim's keeping watch and personal space.Under the guidance of the general rule about the determination of possession,kinds of specific issues could be solved much reasonably. For the hierarchical possession, the space manager controls the management space so that he could possess the property in the space, and when it comes to the property in transit, the carrier possesses them in principle, except that the owner goes along with him. For the unify of possession, several people form an abstract space manager, in this sense, they possess the property jointly. For the possession of packing materials, because that anyone else except the person who packed the materials is not allowed to open the package, so the client possesses the materials inside the package, at the same time, the trustee possesses the package outside. For the possession of property belong to the dead, because the dead is without a sense of possession, he can not possess the property. For the possession of deposit, on the one hand, the bank possesses the deposit money, on the other hand, the depositor quasi-possesses the deposit claim in consideration of the characteristic. For the possession of virtual property which exist in virtual space, it should be emphasized that virtual property and virtual space are both objective,so virtual property based on the control of virtual space can also be possessed.
Keywords/Search Tags:possession, fact factors, normative factor, theory of space, completed crime
PDF Full Text Request
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