The Research On"Purpose Of Illegal Possession"in Chinese Criminal Law

In the criminal law,the Purpose of Illegal Possession is a significant concept? is the pursuit of specific criminal purposes of actors in possession crimes. Sometimes,The key difference between crime and non-crime, this crime and that one lies in whether the actor has the intent of illegal possession or not. The Purpose of Illegal Possession, this a few words looks like simple, but it involves many theoretical and practical problem. How to understand the meaning of the purpose of illegal possession, and the purpose of illegal possession whether should be possession crimes required element of the established, and if it is, then the crime in system in what position, scholars at home and abroad to these questions how look upon and processing but there are many different opinions. In the judicial practice how to recognize the purpose of illegal possession of the existence and the produce of the time, it has been an important issue in dealing with economic cases against property and property crime. Therefore, researching deeply the purpose of illegal possession of chaos theory system to straighten, to be clear to the practice of confusion, eliminate the differences, and disputes of theory and practice no matter, have a great significance and value.This thesisi recounts the current abroad about the purpose of illegal possession concepts of criminal law and the relevant provisions of the criminal law on the summary of the purpose of illegal possession of the characteristics and the purpose of legislation legislation, combining the theory of criminal law and judicial practice, mainly by the comparative research and comparative analysis, induction and generalization of the methods for the purpose of illegal possession in our criminal law the reasonable connotation, criminal law status, judicial cognizance three aspects and research.The first section of the thesis is ntroduction, paper the purpose of illegal possession as the content of study Angle, the research significance, the research methods and the direction of the research. In the second part of the article, the article from the angle of comparison of criminal law on both at home and abroad for the purpose of illegal possession of its meaning to summarize and analyze the criminal law must be in possession of the state of the fact that based on the purpose of illegal possession is emphasized to others’ property to illegal control command and use the subjective intention and desires. Again with the illegal to takes possession of purpose, illegally occupy purpose, the deliberate destruction and the purpose of the concept of the similar limits analysis, and to define the illegal possession orders the basic meaning of reasonable.In the third part of the article with the purpose of illegal possession with the sin distinguish crime, this crime and the sin of criminal law and criminal law theory about function and the purpose of illegal possession of necessity the view said, and explain the purpose of illegal possession is a type of property crime established condition indispensable element. And then from the purpose of illegal possession of the crime of standard system in the position of the investigation, explain the purpose of illegal possession is independent of deliberately beyond the specific criminal purposes. The purpose of illegal possession as the actor’s subjective psychological attitude, which shows that the actor’s subjective vicious and show that the behavior of the quilt violation degree, is more than the illegality of the subjective factors.The article the fourth part of comprehensive criminal law theory and the judicial practice, for the purpose of illegal possession the subjective attitude is difficult to prove that heart problems, to criminal presumed identification method, including theft, robbery, the crime of fraud of the sin on basic type of property crimes and contains obtained financial fraud, the derivative of contract fraud has property crime type in the existence of the purpose of illegal possession and produce time judicial problems, this paper in order to judge the judicial practice the purpose of illegal possession the subjective factors provide reasonable judgment standard.