Holding Crime Research

The holding type crime is a kind of crime that has particularity in subjective fault, behavior and burden of proof. Because it has certain realistic harmfulness in essence, and will cause the potential threat to the society and public security, it comes into the vision of the criminal law, gets negative appraise of the criminal law, and turns into the target of the penalty. At the same time, from the viewpoint of practice in justice, the establishment of the holding type crime remedied the deficiency of the criminal justice to a great extent, plays a important role to attack the crime, protect the society better.The scholars of our country have already studied theoretical question of the holding type crime, but seeing that this kind of crime has suitable particularity, causes greater impact to the traditional criminal law theory, so the persons have great divarication in a lot of questions, it is very necessary to probe further. On the basis of forefathers' academic achievement, this text attempt to give a humble notion about the nature, concept of crime of holding, the behavior of the holding, expect to do some good to the research of this problem.The structure of this article is: first, instructing legislative overview of the types of holding crimes and its operation. Secondly, analyzing the conception and the nature of the holding, illuminating the composition characteristic of the holding crimes, proposing the classification, the legislation of holding type crimes. The author sums up the foreign legislative norms, summarizes the basic meaning and characteristic of this question. This paper still analyses and explains the actuality of the practice in our country. At last, under the guidance of advanced theories, the author combines practice, afford some advice to the law operation in our state. The article has summed up the classification of the holding crime, has summarized its subjective state, and discussed the relevant situation.This text is on the basis of forefathers' academic achievement, attempting to comprehend the nature, concept of the holding crime etc., trying to give some meaning suggestion to perfect our legislation.