The Negation Of The Possession Of The Deceased

As we all know,the right to life and property right are two great rights of citizens.Any country will appoint laws to protect them.However,in judicial practice,there will always be cases of citizens' right to life and property rights being violated at the same time,which are three types:First,the perpetrator killed after taking money for the purpose of robbery;Second,the actor is based on other purposes other than taking money,and after killing,he will take money from another offense;Third,a third person who has nothing to do with the death of others,and makes money based on the purpose of illegal possession.There is little debate about the qualitative nature of the first and third acts.For the second act,the supreme law pointed out:the offender after the implementation of intentional homicide crime,improvise and take property of others,should be in order before the implementation of the specific crime and theft combined punishment for several crimes,namely,the second case the offender of larceny.However,scholars are disputing this qualitatively,so it is difficult for judicial practice to form a unified and clear opinion.The reason lies in the difficulty in reaching agreement on the attribution of the deceased's belongings.Therefore,how to systematically solve the problem of the possession of the deceased is of great significance to the conviction and sentencing in judicial practice.In this paper,the author first enumerates the typical cases related to the above three cases,which leads to the question of the possession of the deceased,which is the focus of the dispute between the judicial practice circle and the theoretical scholars.Secondly,through an in-depth analysis of the concept and elements of possession,the boundary of occupation in the criminal law is clarified,and the establishment of possession is confirmed by two aspects:subjective elements and objective elements.Then,the theories of the deceased's possession were fully determined,and they were classified into three categories:affirmative,negative and eclectic,and on the basis of which they analyzed the shortcomings of each theory.Finally the author embarks from the possession of the establishment of the elements,and the negative of the dead,expand explain forgotten object at the same time,the property should be brought into the forgotten objects,and the property of the place,as a special case to focus on.