Study On The Presumption Of "The Purpose Of Illegal Possession" In The Crime Of Larceny

In most property crime cases,whether there is "the purpose of illegal possession" is the key to distinguish crime from non-crime,one crime from the other.Especially in the crime of theft is particularly prominent,so it is very important to grasp the subjective elements of the crime accurately.But the criminal law academic circles and the practical department have not been able to unify clearly the connotation and the concrete cognizance standard of "the purpose of illegal possession".This article attempts to combine the actual case,starts from the basic theory,carries on the system elaboration to "the illegal occupation purpose" the arbitrary determination standard,in order to solve theoretically and in the judicial practice to "the illegal occupation purpose" the determination operation difficult question.The first chapter of this paper introduces the Concept and category of"illegal possession purpose",and starts the thinking and method of identification.The second chapter systematically combs the definition theory of "the purpose of illegal possession",laying a foundation for demonstrating the correct concept of "the purpose of illegal possession".The Third Chapter Analyzes and demonstrates the difficulties of the identification of "the purpose of illegal possession" from the current situation and practical problems of judicature.The next chapter is based on the specific crime of theft,combined with the above-mentioned identification standards and theories,to summarize the identification methods of "illegal possession purpose" in the crime of theft,the scheme and thinking of the cognizance standard of "the purpose of illegal possession" in the crime of theft.The fifth chapter should be the actual case of the first chapter,use the method of identification summarized in the fourth chapter,combine the case of the first chapter to understand again,in order to solve the puzzle in the judicial practice.In this paper,the author makes a study on the thinking,Standard and method of whether the perpetrator has the purpose of illegal possession in the case of theft,and puts forward some corresponding suggestions according to the difficult problems,in order to solve the case of the actor's illegal possession of the presumption of purpose,and then to solve the actor whether there is "the purpose of illegal possession" of the subjective intent.At the end of the article,it is also pointed out that the judgment of "the purpose of illegal possession" needs to be comprehensively analyzed in the light of various specific circumstances and factors,and it is difficult to make an accurate and correct judgment by relying only on single factors and evidence,it can even lead a case down the wrong path.