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Criminal Substantive Interpretation about Illegal Possession

Author: KongYan
Tutor: LiuXiaoLi
School: Northeast Normal University
Course: Criminal Law
Keywords: Illegal Possession Criminal Interpretation Substantive Interpretation of the Criminal Code Fund-raising Fraud
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 62
Quote: 0
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There are two controversies in the interpretation of the illegal possession. From interpretation advocates, we should explain from the logic language, so illegal possession could be interpreted as a legal concept. But substantive interpretation claims that we should start from legal interests—public and private property ownership, and combine the interpretation with legal interest. We should advocate substantive interpretation for that it starts from the nature of crime and overcomes the difficulties of vague statements. As a subjective element of fund-raising fraud, illegal possession plays an important role in the establishment. In the fund-raising composition, illegal possession is not suitable as a subjective exceeding factor on the basis of substantive interpretation. Applying from abroad for the illegal possession of the situation, they understand the illegal possession from the perspective of ownership injuring. It embodies the characteristics of substantive interpretation. In the fund-raising fraud, illegal possession should include two aspects: (1) unlawful possession with the intent of the principal. It has not the principal purpose; (2) unlawful possession with intent. It has not paid Information purposes. Researching on the illegal possession has the meaning that: determining whether the conviction and accomplished, the distinction between this crime and he sin, crime mapping and guidance of the object and the object of the crime of criminal punishment. The identification of illegal possession generally includes eight factors. When we suit illegal possession, we should use objective facts to comprehensive evaluate, and not just by the mode thinking of result of abduction. In addition to the actual perpetrators need to be considered, we also need consider other objective conditions.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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