Possession Determination In The Definition Of Larceny And Embezzlement

The possession theory in criminal law is of great significance for accurately determining the objective constitutive elements of property crime.In recent years,the academic circles of criminal law have made more comprehensive and in-depth discussions on possession,these theories have more or less discussed the factual and normative elements of the concept of possession.Some scholars advocate expanding the connotation of possession and affirming the normative elements of the concept of possession in order to better maintain the order of property.The fact of possession refers to the actor’s actual control over property,which is a state of objective existence.The normalization of possession has two meanings: one is the general public cognition;the second is the legal norms,moral norms and other aspects of the norms.Both the factual factor and the normative factor are the essential elements to judge whether it is true or not,and they support and reinforce each other.The crime of larceny and the crime of embezzlement are both relatively common crimes of violating property.In the constitution of the crime of embezzlement,the additional condition of “refusal to return” is stipulated,and it is the crime of personal confession,which makes the actual application of the crime of embezzlement has certain limitations,the property rights and interests of the public and the social property order cannot be properly protected.Therefore,the distinction between larceny and embezzlement is not only the judgment of this crime and that crime,but also the judgment of crime and non-crime.The criminal law of our country has a long distance between the punishment of larceny and the crime of embezzlement.The crime of larceny and the crime of embezzlement are opposite to each other,and it is the core to distinguish the crime of larceny and the crime of embezzlement to determine accurately whether the object of the crime is separated from the possessory property and then to determine the possessor.Limited to the length of the article and writing energy,this article does not have a comprehensive analysis and comparison of the crime of appropriation and theft,instead,taking possession as the entry point,this paper discusses the typical difficult problems existing in the definition of two crimes.This paper explains in more detail the possession determination of the deceased,the possession determination of the sealed object,the occupation determination of the auxiliary person and the transfer of possession of a particular space.In different specific cases,there are differences in the key elements of possession determination.For example,in determining whether the deceased is still in possession of property,the space-time factor is the primary factor,and the place of death and the length of death of the deceased will directly affect the determination of ownership.In the possession determination of the auxiliary person,the possession determination of the seal and the transfer of the possession of a particular space,the factual factors and normative factors play an important role at the same time.The fact factor is the prerequisite for the establishment of possession,and the normative factor is the recognition and reinforcement of the fact factor.In the different stages of possession formation and continuous development,the role of the two factors can not be generalization,the key lies in how to judge the relationship between the two,to draw both legitimate and reasonable conclusions,which also makes the determination of possession more difficult.