The Decisive Influence Of Possession System On Property Crimes

In the judicial practice in mainland China,due to the lack of basic accomplishment of civil legal thinking,especially the lack of understanding and mastering the concept system of possession in the civil law,the wrong cases and unjust cases have occurred.lt is concerned with the protection of citizens' legal rights and interests,the professional standards of justice and the credibility of justice.Possession is not only a theory,but also a system.Therefore,its research value can be studied and discussed in the theoretical level and the institutional level.Theoretically speaking,the study of possession system helps to cultivate legal thinking depth of legal professionals and to ensure the correct application of law,which is beneficial to protect the legitimate rights and interests of citizens.The legal professionals' good legal thinking ability can promote the development and progress of good social legal culture awareness,which is the ideological foundation and cultural resources of a country ruled by law.In the institutional level,China's property law has relevant regulations on possession system.Nowadays,countries and regions with a civilization of rule of law in the world offer corresponding protection to illegal possession(including possession based on criminal acts)in addition to the protection based on legal ownership.This article tries to explore the decisive influence of the concept of possession on the criminal law on property crime through the example of judicial practice.This paper puts forward the problems through judicial examples,and discusses and analyzes the judicial cases based on the concept system of factual possession,conceptual possession and possessive assistant in civil law,and puts forward the ways and methods to solve the problems.