Research On Possession In The Crime Of Theft

Possession judgment in theft is the definition of "other people’s property" in the objective constituent elements of the crime of theft,and it is also the key node to distinguish the crime of theft and the crime of infringement.Correctly judging the possession is the requirement to implement the principle of statutory crime and punishment and the principle of equalization of crime and punishment.The judgment of possession in theft is the definition of "other’s property" in the objective constituent elements of the crime of theft,and it is also the key to distinguish the crime of theft and the crime of infringement.Correctly judging possession is the requirement to implement the principle of statutory crime and punishment and the principle of equalization of crime and punishment.The possession that is the first to make the judgment in this paper is different from the subjective purpose and the objective means.The focus of our country’s current disputes on possession is whether the concept of possession is normative and the relationship between the normative and factual elements of possession.Possession is an institutional fact,which is attached to the existence of human society and formed by public consensus or moral evaluation.Its essence is normative domination.The factual governing element of possession is the judgment object of normative domination.Secondly,starting from the basic structure of possession "the fact of possession-the meaning of possession",it draws the conclusion that the two are indispensable in the constitution of possession,and the magnitude of the role played by the two is negatively correlated.Both the factual judgment and the normative judgment of possession in the crime of theft are organic components of the judgment of possession,and ultimately the result that most of the public agrees with must be synthesized through the judgment benchmark of the general concept of society.This result includes the identification of possession and the identification of possession.Again,starting from the difference between the crime of theft and the crime of embezzlement to protect the legal interests of property,it is determined to exclude the possibility of others’ use as the criterion for judging possession.The normative judgment is made on the factual data of possession judgment on the basis of the general concept of society,trying to cover the common situations of admitting possession in practice through a typological method.From the physical affirmation of possession to the affirmative possession of the possessor’s possibility of returning to the appearance of the existence of the right to admit the existence of possession,the power of the three to exclude the possibility of others’ exploitation from the factual elements of possession is gradually weakening.Therefore,in the process of judging the possession or not,the normative judgment of the general concept of society becomes more and more powerful.Finally,it is aimed at the intersection of the facts and materials in the possession judgment in practice,and the question of possession ownership caused by the unclear comprehensive application of the social general concept judgment criteria of law,ethics,social habit,and general social life affairs.The party in the joint possession of the equal relationship takes the property as his own,which constitutes the crime of theft;the joint possession of the masterslave relationship needs to distinguish the degree of the owner’s participation in the operation and the degree of autonomy of the clerk to participate in the operation;the seal adopts the distinction theory,that is,the outer packaging is made of The trustee holds the possession,and the contents are held by the client;the deposit is held by the bank.