| "The purpose of illegal possession" as an important concept in the criminal law, is most crimes in pursuit of the goal, the actor in the crime of invading the wealth in a very important position. But for how to understand and to recognize the purpose of illegal possession, theoretically translation-theories, existence many differences and controversy. This situation is not a problem to the influence of the thorough research, and make the judicial practice in disarray. For the purpose of illegal possession system in-depth research, will help the correct understanding and grasping the purpose of illegal possession of legislation present situation, help to eliminate the differences and justice, theoretically more help clarify in judicial practice, then push related legislation and judicial interpretation of norms and perfect. Therefore, for the purpose of illegal possession of the system is studied, whether in theory and practice, has great significance and value. This will be for the purpose of illegal possession of four parts is discussed and studied.For the purpose of illegal possession of the differences and the root cause of the dispute is mainly for its meaning, the different understanding and grasping. So for the purpose of illegal possession system in-depth research, first make clear the purpose of illegal possession of basic concepts. And the purpose of illegal possession is a constantly changing and extension of the concept, to expand its accurate understanding and explanation of the great difficulty. This paper attempts to use the method of comparison research, combining our judicial practice, "the purpose of illegal possession" understanding: will the goods completely from others by the holder of the control and the designated third party (or his), which could actually illegal control or dominate others intention of goods.The first part, the analysis of criminal law theory for the purpose of illegal possession of the main point, the continental law system and common law respectively expounds the main point to get its essence, the purpose of illegal possession theory reference the benefits of criminal law theory in China, and the main ideas.The second part, the analysis of the connotation, the purpose of illegal possession from psychology, concept and attribute, etc, the author analyzed the connotation of the purpose of illegal possession of understanding. The third part in our criminal theory, the analysis of China's criminal law about the purpose of illegal possession of the legislative and judicial status. Legislation and judicial practice from two aspects, this paper analyses the existing problems and not perfect.The fourth part, analyses the purpose of illegal possession of criminal legislation. Combined with the purpose of illegal possession in judicial practice, for the purpose of illegal possession accurate understanding on the basis of the relevant legislation, perfecting the countermeasure and the suggestion, promoting legislation and to solve practical difficulties, play a guiding role. |