Research On The Identification Of Staged Possession In The Criminal Law

The criminal law community generally believe that the basic constitution of possession includes the objective elements and subjective elements.From the perspective of possessive vertical survival,identification of possession can be divided into the stages of acquirement,maintenance and forfeit.In this paper,we originally select the basic structure and specific factors in the longitudinal time dimension in the specific stage to conduct systematic research.Taking the time axis of the specific stage as the context,and combining with the basic elements of possession identification,we can comprehensively analyze the constitutive factors and specific related factors of the possession identification.At the possession acquisition stage,the actual objective possession plays a decisive role,the subjective intention of possession plays a complementary role.The possession acquisition should firstly judge the existence of the dominant state from the objective factors and the strength of the control,and combine to analyze the existence of the intention of possession,then finally determine the formation of possession.Judging whether the actor has the illegal possession behavior or not,which is often the key to distinguish the behavior structure of crime of embezzlement and theft.In the case where one party is unable to accurately judge the possession situation,the other party's possession can be used to help judge the ownership of property.At the stage of acquirement,we should pay special attention to the value judgement of whether possession is lawful in combination with original acquisition and subsequent acquisition.The legitimate basis for possession is whether the new occupant has acquired possession of other people's property for non-criminal reasons.Compared with the original acquisition of possession,the subsequent acquisition is higher in accordance with the legal standards,and even in certain situations,it needs to conform to the value evaluation standard of moral public welfare which is universally accepted by the society.During the period of mainting possession,as the standard of the actual objective possession and the subjective intention of possession are nearly mature and perfect at the the acquisition stage,so that they are extremely stable and loose at the maintenance stage.We can combine with the property features,property location,the space and time distance of owner and property,special reasons happen but ownership remains the same,and other associated factors to infer the actual objective possession and the subjective intention of possession are objective existence.At the stage of forfeit,loss of possession is caused by unilateral deletion of either element of actual objective possession and the subjective intention of possession,or both of the two elements.At the same time,the criminal law protection of unconscious possession is mainly reflected in the loss of possession.In the case of multi-subject possession,it is necessary to distinguish the ownership of the main from the relationship,the possession of the parallel relationship,the possession of the entrusted fiduciary relationship,etc.to judge the loss of the possession of the different subjects in the case of multi-line possession.The meaning of examining the identification of possession at specific stages in criminal law is that the standard of the actual objective possession and the subjective intention of possession are different at the stages of acquirement,maintenance and forfeit.The basic problems such as the possession of possession,the legal or illegal of possession,are all different based on the evalutaion criterion,and even the way and the foucus.This article refer to a large number of real cases both at home and abroad,with an empirical analysis of the case study method to deconstruct the longitudinal view of possession identification of certain stages,which is expected to take this to evaluate the presence of possession,possession of legality,defining the crime,the punishment for crime against property etc.to provide thinking path and theoretical basis.