On The Possession In Criminal Law

Since the emergence of private property,there has been property crimes.With the development of human production,operation activities and the changes of economic situation,the ancient property crimes have burst out new vitality,at the same time,the forms and objects of criminal acts have been constantly changing.Therefore,to solve the problem of property crime under the new situation under the framework of the principle of legally prescribed punishment for a crime has become an important and difficult problem in our country’s criminal theory and judicial practice.The criminal law protects not only the ownership of property,but also the possession of property.That is,the crime of property not only infringes the relation of ownership,but also destroys the relation of possession of property.Defining the ownership of property is of great significance for judging the crime and non-crime of the action.This article starts from the basic theory of possession.This paper expounds the objective conditions and subjective elements which are necessary for the establishment of possession.What’s more,it analyzes the relation and difference between possession in criminal law and that in civil law.On this basis,this paper analyzes the ownership of deposit,whether the deceased has possession or not,the ownership of sealed objects and the ownership of possession in the existence of the relationship between the principal and the subordinate,and then the qualitative analysis of the encroachment on possession.