Held Crime Research

With the development of society, more and more possession crimes are provided in criminal law. It exerts unified characteristics in constituent requirement and burden of proof, and it is related to a great deal of criminal law theoretical issues. Traditional criminal law theory cannot give it a reasonable and complete explanation. This article will focuses on judicatory practice, to explore related issues on possession crimes.In Chapter One, the author explores the concept of possession crimes, firstly it enumerate classic definition of possession crimes, and points out their defects after comparative analysis. The author think possession crimes is the action which actor violates the requirements of laws and regulations, factually control or dispose the specified controlled items which judicial authorities cannot identify their sources or purposes, and cannot constitute other crimes under current evidence, but with serious danger to society.In Chapter 2, it focuses on the theoretical foundation of possession crimes, and explores the practical value of related legislation. It discusses the legitimacy of possession crimes, and it can save scarce judicial resources, enhance the efficiency to fight against crime.In Chapter Three, it explores the constituent elements of possession crimes, it mainly analysis the objective and subjective aspects of possession crimes. As to objective aspects, it mainly discusses the nature of possession crimes; the author thinks possession belongs to an action, there exists a third kind of action except action and inaction, possession should belong to the third category. As to subjective aspects, the author thinks fault is a necessary element of possession crimes. A possession crime shows as intention, which includes direct and indirect intention. From the criminal law theoretical system and our legal tradition, it doesn't exist legal foundations of strict liability in our criminal law code.In Chapter 4, burden of proof in possession crimes is discussed. The author compares burden of proof in possession crimes with that in ordinary crimes. In possession crimes, burden of proof is decreased, which is still taken by the accusers.The final chapter analyzes shortcomings of the possession criminal provisions in the Penal Code, including unscientific accusation, imperfect charges in indictment, disharmony...