Criminal Convictions In The Possession Of The Deceased Property Violations

The affirmation of the possession in property crime has special meaning. It is the keyto distinguish larceny and encroach on the property. But due to the great controversy ofthe theory of possession, who will be the ownership of the dead’s property is in the air.The traditional way of criminal law for the establishment of the ownership too muchemphasis on "physical control power factors", resulting in many cases of unreasonableand unjust.The author believes that,In possession of the property, although influenced bydifferent social norms and social concept, the heir’ occupation is more appropriate.Evenif no heir of the cases that we can affirm, the country or relevant organizations are for thepossession of the property, and that the property infringement of act constitutes a theft.The special share of system in the continental law system can enhance the heirs to beinherited the tightening of desire.This paper is divided into four parts:Chapter One: the theory of criminal law review, from the concept, composition,characteristics, classification and the meanings to distinguish larceny and encroach;Chapter Two: the cases of infringement property was determined in this paper andthis study was to investigate the key point of this paper that the affirmation of possessionof property in different cases in accordance with the criminal law.Chapter Three: the property of identification theory, this review summarized thedomestic and foreign scholars listing to the different theory point of view.Chapter Four: the author believe that the theory of the heir’s occupation isappropriate and puts forward this ideas and views to further improve and discussed.