Research On The Crime Of Holding Type

In view of that present situation of crime research held in the last few year,the research achievements of the problem of property held by the academic circle were very rich,but the controversy was constantly,and the authority was lacking.At the same time,there is little dispute on the theoretical summary of the characteristics of possession crime.It is not hard to find that the long-term theoretical research has gradually formed the thinking pattern of "first argumentative nature,concept,and later analysis features" in the exploration of the concept of holding crimes.The conclusion that the process of reasoning in advance inevitably leads to the end of disputes,so it is necessary to break this thinking pattern.Possession crime has the characteristics of object diversity,holding illegality,holding object jurisprudence,criminal exclusiveness and convertibility objectively.In theory,the accurate definition of possession nature should be based on its objective characteristics.There are two trends in the current state of ownership,which is the definition of "behavior" and the "state of the state",but whether it's "behavior" or "state of the state",it's the conclusion of both that the conclusion of the two is not consistent with the characteristics of the crime,and the proposed behavioral theory can provide a reasonable solution to the problem.There are two main trends in the research on the problem of "knowing well" of possession crimes in existing theories.One is to make negative inference on strict liability based on the literal meaning of legal provisions,and the other is to make positive conclusions based on the necessary requirements of the four elements of crime on the subjective aspect.However,both theory and practice have shown that the literal meaning of law does not necessarily represent the complete criminal constitution.The four elements of crime also have different emphases on the specific application of each crime.It is therefore possible to revert to that type of crime itself,and to investigate the "clearly known" problem of the hold type crime from the significance of the character constituting the crime.On the basis of criminal object is influence crime was established.Knowing that crime can bedivided into general knowledge and special knowledge,the former is the result of the behavior and knowledge,which,besides knowing the result of the behavior and also includes the crime object knowing.As a typical form of special knowledge,holding type crime that includes both of behavior illegality and state of knowing,including to hold items,including the content of the knowing for items depending on the specific crime constitution.Hold the mens rea research status,rich achievements lacked point of argument is a common problem existing in the current theoretical research.Directly intentionally said claims direct intent is the only possession crime subjective form,but its reasoning is kill have suspected of particularity;Intentional negligence says that both intentional and negligent crimes constitute a possession of a criminal,which is an objective liability risk;On purpose claims that it's intentional,but there's a lack of an argument for adequacy.Possession is a crime of intent,and the criminal policy of criminal justice can provide an explanation for this.As a part of criminal policy,the strict legal net is essentially to "check omissions to make up for deficiencies",in which the function of checking omissions related crimes determines the direct intentional content of possession,and the function of making up for lack of possession regulations determines the indirect intentional attitude of possession.At present,there are general problems and defects in the legislation of holding crime,which are mainly manifested as the single subject of crime,the uncoordinated legal penalty setting,the lack of legislative provisions for new class holding crimes,etc.The problems greatly hinder the further realization of the two values of holding crime and are not conducive to the maximization of criminal law functions.In this regard,the legislative problems of holding crimes can be solved by increasing the main types of crimes,allocating legal punishment with the corresponding severity of crimes and adding new holding crimes.