Holding Crime Research

Criminal holding is a special kind of crime of intention, manner of action, up to now, the field of the Chinese criminal law has not yet reached a consensus on the concept and the related theoretical problems of criminal holding, so, to probe these problems is of positive significance both theoretically and practically .in this paper, the author gives a thorough and systematic discussion on its legislation, objective and subjective characteristics. The paper consists of three parts with around 32,000 words. Its main contents are as follows:The first part is a summarize of the criminal holding, its main contents are as follows: the description of legislation at home and abroad on criminal holding ; the characteristics of subjective factor and objective factor of the crime; the significance and purpose on lawmaking of the crime . at the end , the author draws his own view about the form of the crime which is different from the other type crimes, the criterion of the crime is indirect, no like the other type crimes whose criterion is direct . so , criminal holding has more advantage on economy and efficiency than that of the other type crimes.The second part is a analyze of the holding, this part can be subdivided into three subsection, the first subsection Is a summarize of the holding . the author point out that as long as an actor an subjectively realizes the existence of the possessed material, the objectively controlling over a specific object will constitute holding.The second subsection is a argumentation about the nature of holding, in this subsection, through the comparative analysis on the different ideas about the nature of criminal holding, the author point out that the nature of holding is an action, not an predicament.The third subsection focus on controversial points with respect to what the action manner of the holding is. the author introduce several theory about the action manner of holding firstly, and then point out that there are some errors on those theory which think the action manner ofthe holding is an omission or a third action mode , and so is the theory which consider the action manner of holding determined by the previous action. In the end, according to the theory of action criterion in criminal law, the author draw a conclusion that the manner of holding is an act. holding was punished by the country for its violating the forbid rule in criminal law.The content of the last part is about the subjective factor of actor during criminal holding . at the beginning , based on the theory of offense in criminal law . the author point out that the offense during holding is of intent. And then according to the difference between continent law and common law, the author put forward that the strict liability should not be carried out in the crime field in our country . at the end , the author figure that the standard of testify in lawsuit have some fault in our country . the author think that it is necessary to build a standard of subjective beside the current standard in lawsuit in our country.