The Criminal Judicial Determination Of Illegal Possession Purpose

The identification of illegal possession and its purpose has always been a difficulty in judicial practice,which can always arouse the debate between scholars and judicial personnel.Paper takes a common case that debtor steals his mortgaged vehicle back from creditor for instance,which leads to the confusion of judicial determination,and discusses related issues around the conception of illegal possession purpose and constitutive elements of crime.Paper devotes to finding out the answer to the question through the in-depth analysis,and eventually building a practical and feasible system of judicial determination of illegal possession purpose.The paper is divided into four parts,including about 21000 words.The first part: The basic situation of the case.This part includes the introduction of the case,the disagreement and the focal point of the dispute.Disagreement is the dispute between crime and non-crime,theft and fraud.The dispute focuses on whether the victim's property right is infringed or whether the defendant has illegal possession purpose.The second part: The analysis of related problems within jurisprudence.This part reveals the important position of illegal possession purpose for explanation in the judgment with several judicial precedents,analyzes the behavior and purpose of illegal possession,and mainly debates on interests protected legally in property crimes,and factors of the illegal possession.Academic circles has been controversial on interests protected legally in property crimes,object of illegal possession,necessity of illegal possession purpose,the location of illegal possession purpose.This section mainly summarizes the existing academic views and controversy,and to clarify its position: Firstly,the legal interests is not civil right,nor a pure form of possession,but the victim's real property damage.Secondly,"the behavior of illegal possession" is the precondition for the study of "the purpose of illegal possession".The object of behavior is others' possession of the property and the result of it is the actual decrease of the victim's property.Thirdly,it's necessary to distinguish "illegal" and "the purpose of possession and use" from the illegal possession purpose.The recognition of "Illegality" should fall into crime intention,and "the purpose of possession and use" is the necessary factor beyond subjective aspects for property crime.The third part: The analysis and conclusion of the case and extended cases.This part is mainly based on the jurisprudence analysis of the second part,and draws the conclusion of the case and the extended cases: Only if the defendant Yu steal vehicle back and deceive mortgagee to restitution or debt relief,the property of victim is infringed,not by stealing,but scamming.Yu commits crime of fraud therefore.The fourth part: Enlightenment of case.This part mainly takes the second part and the third part as basis,and then establishes judicial determined system of "illegal possession purpose".At the same time,puts forward advice in the legislative and judicial practice,which increasing the expression of "the purpose of possession and use",making the connotation of factor beyond subjective aspects to be clear.