The Research On The Illegal Purpose Of Possession Of Property Crime

In China,get type of property crime,a part of economic crime,corruption and briberycrime are asked for the purpose of illegal possession. There are different understandingand regulations on this question in different countries.The scope of this article is limitedto property crime.Purpose of illegal possession is a very important concept of criminallaw.Property crime of illegal possession purpose is generally thought that has thedistinction between crime and not crime, this crime and the other crime.But it still has alot of questions at the same time.Two views of the debate relate to almost all of thequestions of the purpose of illegal possession.Therefore,on the base of the debate thatpurpose of illegal possession in property crime is necessary or not.Clarify the focus ofcontroversy,sorting of system-related issues,the development of theory and practice hasvery important significance on the solution of the problem.In this paper, as a basicguiding principle,from the necessity of property crime purpose of illegal possession inthe discussion,for the purpose of illegal possession, status, function and the connotationhas carried on the theoretical discussion.Then select two great practical problem inpurpose of illegal possession,Using the above theory to explain, demonstrate, andslove the problem.The structure and main contents are as follows:The first part,the position of the purpose of illegal possession in property crime.Thissection will first discussion the necessary theory that whether the purpose of illegalpossession is important,finally based on the reality of our country.Combining with thecharacteristics of property crime reach the conclusion that purpose of illegal possessionof property crime is the necessary,after determining the purpose of illegal possession inproperty crime on the macro status,delve into the same as the subjective elements ofcrime intentionally relationship with the purpose of illegal possession,by introducing thepurpose and the basic principles of deliberate crime,come to the conclusion:purpose ofillegal possession is independent of crime intentionally and subjective than elements.The second part,the connotation of purpose of illegal possession in propertycrime.After determining the position of illegal possession purpose,continue to analyzethe connotation of the purpose of illegal possession,firstly, introduced the connotation of the purpose of illegal possession abroad,divided into two parts, Continental law systemand Anglo-American law system,then introduced the connotation of illegal possessionpurpose theory in our country and comment on it.Finally,comprehensive theory both athome and abroad,and based on the practice in our country,we can choose to apply theJapanese through says to understand the connotation of the purpose of illegalpossession,that contains both the meaning of use and exclusion.The third part,the practical issues of the purpose of illegal possession.the researchon the purpose of illegal possession of property crime, the final positioning is to solvepractical problems. the more common in practice is using of theft and exercising theirrights,because of its behavior is similar to property crime behavior,so,how to deal thebehavior nature there is a widespread controversy in theory and practice.At the sametime,there is a problem in practice,based on the destruction of purpose and stealing othersproperty then destroyed it,the process of identified the behavior will be reflect thepurpose of illegal possession the function of distinguish between theft and Intentionallydamaging property crimes.This part,through comparative analysis of different aspects ofthe theory, combine the current situation of disposal of our country judicial practice onthe issue,to use these theories to demonstrate that purpose of illegal possession is the keyto solve the qualitative problem.