On The Possession Of Property Crimes

Property crime is the oldest type of crime in the history of mankind, and also the highestfrequency of crime in daily life. It violates possession in the first place，so, as the basicconcept in property crime, possession holds the central standing in identifying crimes. ifpossession of property exists and who gets possession of property are the chief problemswhich persecute the theory circles and practice. Firstly, this article comments arguments ofright in essence、right of possession and revisionist theories,and it holds that the revisionisttheories will be better when identifying crimes, combining with the views of scholars inChina, which means that property interests involve ownership (including essential rights)and right of possession. When ownership (including other essential rights) and right ofpossession conflict with each other, legal possession will be protected to the rightusers.Secondly, this article introduces the possession theory in continental law legal system、common law legal system and China’s criminal law, and also compares possession inproperty crime with possession in civil law and detention in criminal law.Finally, this articleanalyzes general possession and who gets possession of property in special circumstances indetail. Apart from physical and real dominance, possession in criminal law considers moreabout the nature of property, location, the relationship of time and place of the person inpossession and so on. In addition, this article also probes into the possession of real property,subjects in the relationship of principal and subordinate, possession between equal subjects,possession of property in package, and possession of the death and so on.