The Study Of Purpose Of Illegal Possession

The purpose of illegal possession is a special criminal intent of offense to intent in China's criminal law, which differs from the intents of other offenses to intent with illegal possession its content. In this treatise, the writer does research on the purpose of illegal possession in terms of intent and possession, and points out that purpose is the subjective psychological state while possession is the specific content of purpose.Since there is a controversy over the definition and scope of offence to intent, the writer contends that there are totally 30 offences to intent including the non-statutory offenses to intent with the illegal purpose of possession, giving a detailed analysis on its influence on the determination of constitution of crime and accomplishment of crime and preliminarily discusses the problems and judicial presumption on the purpose of illegal possession in our judicial practices.The purpose of offence to intent which differs from the general criminal purpose of the direct intent is the specific criminal purpose, in which the actor pursues some further results or benefits beyond the criminal results of the direct intentional offenses. The purpose of offence to intent essentially pertains to criminal purposes rather than criminal motives. There are non-statutory offenses to intent in china's criminal law. From the perspective of probability, the writer analyses the existing of non-statutory offenses to intent. the purpose of illegal possession exists in the non-statutory offenses to intent as a specific criminal purpose as well. The non-statutory offense to intent is one of offenses to intent where the actor accomplishes the purpose of illegal possession once he commits the act so that people can easily make confusion between the non-statutory purpose and general criminal purpose.The purpose of illegal possession which is the specific content of criminal purpose is the aim of wish and pursue of purpose. It is so necessary to understand the definition of the purpose of illegal possession that we can fully apprehend the purpose of illegal possession. The concepts of possession and holding should be distinguished constitutionally. In the writer's opinion, possession is the factual controlling and mastering of the property, which differs from the controlling and holding. The possession in criminal law should have a meaning of"ownership".With the power of...