Determination On The Nature Of Possessing Sealed Property Illegally In Criminal Law

It is a traditional and controversial topic to determine the quality of possessing sealed property illegally.There are various arguments on this issue in both theoretical and practical circles.This paper mainly discusses it in three parts:As the introduction of the problem,the first chapter of this article investigates and summarizes on the judicial status quo of possessing sealed property illegally.Firstly,four typical cases in judicial practice are selected,and then,combined with the summary of the characteristics of this kind of cases and the trend of the judgment results,the paper analyzes in detail the three controversial focuses of the case of possessing sealed property illegally,and carries out the following discussion along this vein.As the basis of this paper,the second chapter of the paper analyses the theoretical premise of possessing sealed property that is the ownership theory of sealed property in detail.Firstly,it describes the ownership theory of sealed property,describes the five theories of the possession of trustee,the possession of trustor,the distinct possession,the emendatory distinct possession,the size and feasibility of mobile,and the content of new viewpoints.Secondly,an overall comment is made on each theory.Thirdly,expounding the author’s understanding of the ownership theory of sealed property clearly.To ease the concept of possession of the facts as the premise of the illegal acquisition of sealed property qualitative,one should insist on the packaging and content of separate discussion,and affirm the possession of the trustee external packaging;the other one is that in the possession judgment,the fact element is the core and the norm element is the auxiliary.As the main body of the article,the third chapter based on characteristics of judicial practice and the possession of sealed property theory analyses such cases in criminal law.First of all,the specific concept of sealed property is defined,that is,sealed property refers to the whole of the sealed property and its contents that the client has delivered to others for safekeeping or transportation through packaging,and external packaging,sealed form and sealed degree have no special requirements.Secondly,according to the law of judicial practice,the relevant cases of illegally obtaining sealed goods are divided into two categories for discussion,that is Peer relationship and master-slave relationship.Double possession cases,specific discussion on a particular subject occupies the first factattributes and regulate the strength comparison,then based on the case of the facts and ideas possess of multiple subjects involved control size comparison,finally it is concluded that the dual case possess type and ownership,and the possibility of the existence of equivalent joint possession,but only shows that the trustee and the trustor size is equal to the contents of a sealed control,and repeat it does not belong to civil law,common or uniform common possess.Finally,through the reinterpretation of article 270 of the criminal law,the concomitant relationship between theft and encroachment,which can be used as a supplementary basis for the characterization of the case.In short,the determination of possessing sealed property illegally need to compare the strength of the composite main body of facts and ideas possess,in turn,determine the ownership of the possession.But there needs to focus on the realization of the principle of balanced rather than the difference between charges combining the concursory relationship between theft and encroachment.