On The Determination Of The Purpose Of Illegal Possession In Property Crime

The identification of "illegal possession" in criminal law is an important and urgent problem in the current judicial environment.It has an important role to distinguish between crime and non crime,one crime and another,so it is very important to understand and grasp the concept correctly.By comparing the "do not say" and"necessary" views on the purpose of illegal possession,the paper demonstrates the necessity of studying the purpose of illegal possession,combining the legislative situation of our country,the task of criminal law and the role of the elements of the constitutive elements.After that,the main theories about the "illegal possession aim"between China and foreign countries are combed and the advantages and disadvantages of these theories are compared and analyzed,which lays a foundation for the exact grasp of the specific meaning of the "illegal possession purpose".On this basis,the connotation of the two basic meanings of "exclusion of meaning" and "use of meaning"is emphatically analyzed.Finally,the meaning of "the purpose of illegal possession" is concluded:that the perpetrator is not limited to the permanent exclusion of the rights of the right person,and the intention is to seriously impair the rights by using the illegal means to control the property of others in real terms.The subjective intention of a person to make use of his property and make use of it in accordance with the purpose that the property may have.Then we further discuss the identification of the three specific elements of "illegal","possession" and "purpose".Finally,this paper puts forward its own point of view from the perspective of judicial practice.analyzes the specific process of the judge in the case of the case,and discusses the feasibility of the judicial determination of "illegal possession" by the method of criminal presumption,and puts forward some problems that should be paid attention to in the process of application.