論非法占有目的.pdf

1、學(xué)校編碼： 學(xué)校編碼：10384 分類號 分類號 學(xué)號： 學(xué)號：X200108021 UDC 碩 士 學(xué) 位 論 文 論非法占有目的 論非法占有目的 The Study of Purpose of Illegal Possession 李 永 軍 李 永 軍 指導(dǎo)教師姓名：

2、陳 立 教 授 專 業(yè) 名 稱： 法 律 碩 士 論文提交日期： 2 0 0 6 年 4 月 論文答辯時間： 2 0 0 6 年 月 學(xué)位授予日期： 2 0 0 6 年 月 答辯委員會主席: 評 閱 人: 2006 年 4 月ABSTRACT ABSTRACT The purpose of illegal possession is a special cri

3、minal intent of offense to intent in China’s criminal law, which differs from the intents of other offenses to intent with illegal possession its content. In this treatise, the writer does research on the purpose of ille

4、gal possession in terms of intent and possession, and points out that purpose is the subjective psychological state while possession is the specific content of purpose. Since there is a controversy over the definition an

5、d scope of offence to intent, the writer contends that there are totally 30 offences to intent including the non-statutory offenses to intent with the illegal purpose of possession, giving a detailed analysis on its infl

6、uence on the determination of constitution of crime and accomplishment of crime and preliminarily discusses the problems and judicial presumption on the purpose of illegal possession in our judicial practices. The purpos

7、e of offence to intent which differs from the general criminal purpose of the direct intent is the specific criminal purpose, in which the actor pursues some further results or benefits beyond the criminal results of the

8、 direct intentional offenses. The purpose of offence to intent essentially pertains to criminal purposes rather than criminal motives. There are non-statutory offenses to intent in china’s criminal law. From the perspect

9、ive of probability, the writer analyses the existing of non-statutory offenses to intent. the purpose of illegal possession exists in the non-statutory offenses to intent as a specific criminal purpose as well. The non-s

10、tatutory offense to intent is one of offenses to intent where the actor accomplishes the purpose of illegal possession once he commits the act so that people can easily make confusion between the non-statutory purpose an

11、d general criminal purpose. The purpose of illegal possession which is the specific content of criminal purpose is the aim of wish and pursue of purpose. It is so necessary to understand the definition of the purpose of

12、illegal possession that we can fully apprehend the purpose of illegal possession. The concepts of possession and holding should be distinguished constitutionally. In the writer’s opinion, possession is the factual contro