Research On The Crime Of Illegal Possession

Our country criminal law legislation stipulated in the more possession crime,but in the study of the theory of the possession crime,many controversial problems in judicial practice also easy to split.In this paper,the basic theory of possession crime,including the following six parts :The first part is the general narration of possession crime,this paper introduces the inclusion and the external manifestation of holding,the academia for holding type crime understanding differences and the author’s point of view,and has made the summary to hold the characteristics of the type of crime.The second part to hold the legal nature of the analysis,the author introduces our different views of academia,on this basis,the author analyses for a variety of views,finally get hold still belongs to the category of the traditional criminal law theory "as".The third part is a type of crime different classification,based on different standards could be divided into separate possession crime type holding type crime and joint crime,holding type crime directly and indirectly holding type crime,general subject type crime and special subject holding type crime types,enable us to more scientifically defining the holding type crime.The fourth part is the holding type crime legislation,this paper introduces the main countries in the world regulations on holding type crime in the penal code,as well as the change of the penal code of our country about the possession crime legislation,this paper expounds the holding type crime legislation in theory and reality basis,in the substantive law and procedural law,the significance of and analyzes the holding type crime legislation may cause problems.Fifth part is the holding type crime in the composition of subjective and objective,holding type crime legislation is usually in the form of "illegal possession and punishment",the law usually are quite different,the expression of both didn’t explain the behavior of consequences,also did not say its subjective fault forms,the author in this part of the harm of possession crime behavior,expounds the harm result and subjective fault.The sixth divided into holding type crime and strict liability,this paper introduces the connotation of strict liability in Anglo-American law and applicable,illustrates the strict liability is not ask the absolute responsibility of subjective fault,and through the related issues of discrimination,for the introduction of strict liability in Anglo-American law in our country.