Study On Crime Of Possession

Through the ages, the criminal legislations in many nations and areas, mostly more or less consider the serious behavior of having legal forbidden objects as a criminal behavior.After the promulgations of the 1979 criminal law, Crime of Possession has gradually entered into the criminal legislation and the fundamental research domain in China.Because of its unique way on crime expression and the process of proving charges , Crime of Possession presents the situation which does not really fit the traditional criminal law theory very well.Presently, theorists in our country have had many thorough researches on Crime of Possession, but viewpoints vary.Combined with the outcomes which have already had, this article firstly analyzes the objective characteristics of Crime of Possession. It regards Possession as a behavior in a universal way.But in a legal way, it is a condition. Through the further analysis, it thinks that Possession is the third behavior other than the conduction and non-conduction. Next, the article emphatically evaluates the characteristics of the Crime of Possession that are different from the usual crime theories in a subjective aspect, analysis the reasons of that why the characteristics exist and indicats that the estimation plays a pivotal role in the subjective cognizance.And then, in the particular foundation, the article appraises Crime of Possession as an independent crime type and indicates that its essence is to use the penalty strength to carry on the disposition on national and individual jurisdiction. This action has remarkable characteristics of time and nation .At the same time, the article proposes conditions of punishing Possession behaviors.Fourth, this article proposes suggestions on the legislation of Crime of Possession from three aspects, which are the indictment,Criminal Responsibility and the criminal prosecution procedure. It hopes the criminal law theory and the penal code can highlight distinctive quality of Crime of Possession and reveals its typological characteristic.Finally, the arctile carries on recognizing the difficult problems which we meet in the judicial practice process , which happened just because Crime of Possession is an independent type. According to the cognizance to make up the parts which the legislation can not equal with and complete the changing process from the theory to the practice.