Study On Holding Crime

Holding is a kind of conduct that depends on the maintenance by the behavior of the holder himself the domination and control relationship between the people and the legal possession of prohibited items. In holding relations, the judges on the holding time rely on the comprehensive judgments by the subjective nature of the nature and conduct. Holding crime is an act in violation of criminal law, in which the perpetrator intentionally possesses, control or dominate the behavior of the statutory prohibited items. Such behavior constitutes a serious danger to society. Holding behavior itself is the objective basis for criminal responsibility. Although holding a special behavior, which is still an action. In the subjective aspect, holding is a kind of awareness of the dangers of conscious behavior, including their understanding of content of their own behavior and the nature of prohibited items. In the understanding of the extent of their holding, it should contain prohibited items harmful to society. The subjective guilt is intentional, including direct and indirect intention intentional. The main value of possession crime legislation is the choice of criminal policy and the demands of social control. Playing a role to intercept the crime in the same time, balance state power and civil rights, so as to achieve social control. In terms of patterns of crime, a complete process includes crime in preparation possession crime, crime and criminal attempted form of suspension, although the attempt to commit crime may not be convicted and punished because it is less harmful to the society, but we can not deny a type of crime has a stop form. As for issues of number in the crime, possession of a type of crime is real crime. With regard to accomplice issue, subjective understanding of its holdings, including acts of commonality between the holders of common purpose and commonality of knowledge held by behavior, which includes the various actors jointly held the statutory prohibited it elms, and, some units may constitute the main body of full possession crimes.