Study On The Judicial Recognition Of Possessive Crimes

A possessive crime is a crime committed by the perpetrator as a harmful act,which seriously endangers the society,violates the norms of criminal law,and is punished according to law.Since the time for possessive crimes in criminal legislation in China is not long and especially for the study of the identification of possessive crimes,there are still many problems worth exploring.With the continuous expansion of the types of possession,the vagueness of judicial practice needs to be clarified,and the criteria for the judicial recognition of possessive crimes need to be further unified.The content of the judicial recognition of possessive crimes should be analyzed in detail,and the subjects and objects of judicial recognition should be clarified.The objects of judicial recognition should include the factual identification and legal application.The researches on the types and specific classification of possessive crimes have important fundamental significance for the judicial recognition of possessive crimes.The legal provisions on possessive crimes in China are relatively scattered,and the lack of judicial recognition rules for possessive crimes leads to the lack of uniform standards and specific operational guidelines for the identification of crimes.At the same time,there are also vague areas in the identification of specific problems.There are mainly problems such as the inconsistency of the recognition criteria for the surrender of possessive crimes and the inconsistency between the identification of possessive crimes and the theory of the number of crimes.The problems arising in the judicial recognition of possessive crimes should be resolved in accordance with the path from the theoretical basis to the judicial practice.The nature of "possessive" in possessive crimes needs to be prioritized.Based on the theory of legal fiction,the "possessive" law can be drafted as"behavior".The subject,object,subjective aspect and objective aspect of the constituent elements of the possessive crime have special contents different from other types of crime.The particularity of the possessive crime determines that the nature,attributes and even quantity of the possessed items must become "knowing" content of subjective aspect.The difference between the theory of four essential crimes and the theory of class requires that the identification of accomplices in possessive crimes should take into account the responsibility conditions of the subject,objective joint holdings behavior,joint holding intentions and other constituent elements.The problem of proof of possessive crime is an important part of judicial recognition.It is necessary to grasp the particularity of the number of possessed crime certificates and the wide range of objects,and to prove the responsibility according to the characteristics of possessive crimes.Before the identification of possession charges,the application of other crimes should be ruled out,and the relevance of possessive crimes to upstream and downstream crimes should be grasped.Combining the specific law of possessive crime,it analyzes the complexity and the particularity of possessive crime and also grasps the different requirements of possessive crimes for crime quantity.The determination of the crime number forms and surrender is a prominent problem in the identification of possessive crimes.The study of the crime number forms of possesive crimes should be analyzed by means of classification and discussion,from preparation and non-punishment of related crimes,absorption and implicated offenses and changes in judicial recognition conclusions in the judicial recognition.In a possessive crime,confessing the fact that is possessed can be regarded as surrender,and it is not necessary to continue to explain the source or destination of the specific item.The judicial recognition of possessive crimes should strictly abide by the law,grasp the characteristics of possessive crimes,and solve the problem of judicial recognition of possessive crimes under the framework of law.It is of great significance to distinguish between possessive crimes and other crimes in judicial recognition.An induction of the specificity of possessive crimes in judicial recognition and a clearer sorting and classification of possessive crimes in academics can make the final referee and identification have more legal basis and more uniform and balanced.