Study On The Possession Of The Dead In Criminal Law

In the field of criminal law,the ownership of property possessed by the deceased has always been a controversial issue in the theoretical field of criminal law.Possession is an indispensable concept in property crime,and its basic position in property crime makes it an object of continuous concern in theory and practice.However,limited by the abstractness of the concept of possession,it leads to the confusion of its current application of law,which gives space for judicial interpretation and judicial practice to "display their talents" at will.The core of the concept of possession in criminal law lies in domination and control,while the concept of possession in civil law is more prominent in the meaning of possession of the possessor.Therefore,it is necessary to re-examine the concept of possession itself and its application in the possession of the dead,and comprehensively explain the concept of possession and the possession of the dead from theory to practice,from civil law to criminal law.To grasp the nature of the property possessed by the dead must be based on the fact and the norm.The infringement of the possession of the property there are two different opinions: theft and embezzlement,after comprehensive analysis think violations of the possession of property should be set embezzlement,however our criminal legislation is the qualitative and the behavior of the legislative defects,so the introduction of Japan’s possession "from" the concept of criminal law to solve the infringement of the possession of the property of the optimal choice,and from the practice direction evolution of explaining the concept,for the dead in the criminal law has a problem with a more scientific solutions.