Research On The Nature Of The Act Of Possessing The Property From The Dead

In order to facilitate the research, The author calls a series of acts about"possession of the dead" in the criminal theory as "the act of possessing the propertyfrom the dead". The act of possessing the property from the dead includes three kindsof situations in the judicial practice: the act of Killing people and gaining property forthe purpose, the act of gaining property with the temporary intention after killingpeople, the act of those who don’t contribute to the death but take the property fromthe dead. The disputation about the problem of the nature of these acts always existboth in the criminal theory and judicial practice circle. For example, concerning thenature of the act of gaining property with the temporary intention after killing people,there are lots of disputed theories about it, such as "Theft","Robbery","Occupation(nobody possession)","Innocence"(as intentional homicide ofaggravating circumstances).The reason is that there are many different understandingabout "possession of the dead" in the criminal theory. Because of the differentunderstanding about possession in criminal law, there are a lot of different theories,such as “possession of the dead”,“possession of the living”,“continued possession ofthe living”,“possession of the successor” and “unable possession of the dead”.Through the study of possession of the dead in criminal theory, the author wants tosolve the problem about the nature of the act of possessing the property from the dead.The paper generally falls into3parts and has about26000words:The first part mainly elaborates about the act of possessing the property from thedead. In this part, the author determines a definition for the act of possessing theproperty from the dead, and then provides information about three acts(the act ofkilling people and gaining property for the purpose, the act of gaining property withthe temporary intention after killing people, the act of those who don’t contribute tothe death but take the property from the dead).From this, it will be clear to know theconnotation and denotation of the act of possessing the property from the dead. The second part analyses the theories and nature of the act of possessing theproperty from the dead. In this part, the author sums up the theories about “possessionof the dead”, and analyses the dilemma when determining the nature of the act ofpossessing the property from the dead. From this, it will be clear to know the focus ofdisputation about different natures of the act.The third part includes the author’s views and specific reasons. In this part, theauthor makes a in-depth analysis of possession in Criminal Law and emphasizes "thesocial public opinion" in the possession in Criminal Law. As a basis of the objectivefactor and the subjective factor, the author makes a presumption that the successorpossesses the property of the dead and determine the nature of the act of possessingthe property from the dead.