The Identification Of Illegal Possession In Criminal Law

In recent years, with the continuous development of social progress, the judicial practice field has produced many complex and controversial cases. Due to the lack of research of "the purpose of illegal possession" in the criminal law and there’s no specific provision in legislation and judicial field, which caused the judicial gets into trouble in some kind of property crimes. Therefore, in this article the author has carried on the thorough research on how to affirm "purpose of illegal possession". The first part is about the connotation of "the purpose of illegal possession". This part of the "purpose of illegal possession" and the research status of abroad and the main theory, as well as our country criminal law educational world about the connotation of the "purpose of illegal possession" in China are briefly described, thus obtained the meaning of "the purpose of illegal possession" and "the purpose of illegal possession" research of that crime, distinguish between this crime and sin and is the key to criteria for the conviction.The second part is about "illegal possession" of how the problems identified. Specifically addressed the country’s criminal law scholars on the "illegal possession" of the main verification methods and noted that such identified problems in the way, after that the lead article on "illegal possession" dilemma identified how to solve the problem, as well as in the specific identified the principle of the process to be followed.The third part is about "illegal possession" generation time of finds problems in this part, this paper explains the specific analysis of "illegal possession" that the generation time of "illegal possession" key role specifically identified, followed by on the stage of "illegal possession" produce shortcomings and deficiencies of the research the concept of time, for this kind of problem, this paper proposes a method of generating a time reference point on that "illegal possession" and thus more conducive to address the "illegal possession Objective " generation time problem of identification.The fourth part is about "illegal possession" of other specific elements identified. In this part, the paper firstly Illegal Possession "purpose" is to the "illegal" illegal "," exclusion means "," use meaning "three elements analyzed in detail and concluded that the second affirmation of these specific factors identified possession " recognized the importance of that particular crime can be more clear distinction between crime or the boundaries of this crime and other crimes.