Study On Possession In Property Crime

Whether possession in property crime can become the legal interest of property crime is the fundamental difference of possession theory in property crime.The theory of absolute principal right only protects possession with legal principal right,completely excludes the existence of illegal possession within the scope of protection of property crime,and obviously improperly narrogates the scope of punishment for property crime.However,the absolute possession theory also has some defects: it thinks that the protection interest of property crime should include all the circumstances of possession,which improperly expands the protection scope of property crime.With the continuous development of social economy,the possession of property right should have its unique value and independent status.The possession of another's property and the possession of his own,the infringement is possession rather than the right.However,the establishment of property crime does not extend to all cases where possession is infringed.Therefore,from the perspective of possession theory,we should appropriately limit the protection scope of property crime to possession,so as to make an accurate and reasonable division of the legal interest of property crime.As a concept of property crime,possession should be studied in three cases: the purpose of illegal possession,the interest of protection of property crime and the constitutive elements of property crime.Compared with possession in civil law,possession in property crime has its unique research value in the power of facts and the meaning of possession.In property crime,the constituent elements of possession can be divided into factual elements and normative elements.On the practical problems of possession of property crimes,it is necessary to use the Angle of possession composition with "fact as the core and standardization as the supplement" to solve such problems as possession of seal,deposit and deceased.