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On The Determination Of The Purpose Of Illegal Possession

Posted on:2020-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y N AnFull Text:PDF
GTID:2416330623450132Subject:Law
Abstract/Summary:PDF Full Text Request
The progress of society,the growth of the economy,and the development of science and technology are accompanied by increasingly complex and controversial cases in the field of judicial practice.There are no cases in which there are no guilty cases of conviction for the purpose of "illegitimate possession".In particular,property crimes that are closely related to people's economic life.The difficulty in identifying this crime is not only the misunderstanding of the judiciary on the basis of determining the purpose of "illegal possession",but also the difference in the understanding of the law.It also stems from the "illegal possession purpose".The concept is different from the understanding of the meaning of the criminal law,and even the application of the identification method is inappropriate.From the different viewpoints of Chinese and foreign criminal law,this paper proposes its own views on the meaning of criminal law related to "illegal possession purpose" through the redefinition of the purpose of illegal possession,and then takes the property crime as the perspective,supplemented by the real case in judicial practice.To analyze the "illegal possession purpose",and finally based on the limitations of thel presumption in determining the "illegal possession purpose",propose a solution path,and clarify the accurate identification of the "illegal possession purpose" in practice according to steps and circumstances.
Keywords/Search Tags:Illegal possession purpose, property crime, presumption, counter-certification
PDF Full Text Request
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