The Research On The Illegal Purpose Of Possession Of Property Crime

“Purpose of illegal possession” is the core proposition of property crime,which is still very controversial.The focus of the problem is mainly on the following three aspects: first,whether it is necessary to exist;second,what kind of system status it has;and third,how to understand its connotation.First of all,regarding the necessity of its existence in property crimes,theoretically,a confrontation between “unnecessary” and “necessary”has been formed.Through the analysis of the unwritten constituent elements and the basic function of “Purpose of illegal possession”,even if there is no explicit stipulation of “Purpose of illegal possession” in the norms of property crime in China,it can still be corrected through interpretation.It has the functions of clear and objective constituent elements,and also provides the justification for the punishment.Therefore,“necessity” has become an inevitable choice in China's criminal law.Secondly,as to what kind of system status it has,it is essentially exploring the relationship between it and intentional.Although German and Japanese criminal jurisprudence advocates that it is an intentional and subjective excess element,the “ intentional ” in our criminal law is different from that in German and Japanese criminal jurisprudence.Therefore,the understanding of this issue cannot be based on German or Japanese criminal law.Advocate,but should be based on the actual situation of China's criminal law.Through deliberate discussions in China's criminal law and combining the legal benefits of property crime protection,we know that intentional in property crime refers to the perpetrator's knowledge that his actions will inevitably result in the infringement of(or all of)the possession of property by others,and hope that The psychological attitude of the outcome.And by defining the nature of “Purpose of illegal possession” and discussing the content of the criminal purpose,it can be seen that the “purpose” in “Purpose of illegal possession” refers to the possession of other people's property by the perpetrator as he hopes to achieve by committing the crime.Someone(or a third person)has a result.The two are completely different things,so the “ Purpose of illegal possession ” in our country's property crime is also different from the intentional subjective excess factor.Finally,the understanding of the meaning of “ Purpose of illegal possession” cannot be examined in the general theory of property crime,but should be analyzed by combining it with the specific requirements of the establishment of specific crimes.By introducing the type theory and taking the objective and objective aspects as standards,the crime of acquiring property can be divided into the crime of seizing property represented by the crime of theft,the crime of embezzling property represented by the crime of embezzlement,and the crime of fraud Three different types of crimes are represented by delivered property.Through the analysis of the typical individual crimes in the three types of acquired property crimes mentioned above,and referring to the German and Japanese criminal law,which generally analyzes the connotation of“Purpose of illegal possession” from both negative and positive sides,we can see that “Purpose of illegal possession” “Purpose” has different connotations in different types of property crimes.Among them,the purposeof illegal possession in the crime of seizing property represented by the crime of theft refers to the meaning of establishing possession of property by oneself or a third person with the intention to exclude possession of property by others;The purpose of illegal possession in crimes involving property is the intention to permanently exclude others from possession of property,and to establish the meaning of property owned by oneself or a third party.The purpose of illegal possession simply means the intention to acquire all the property of others.