2008•Journal of Kunming University of Science and TechnologyRequires access
On the Intention of Illegal Possession and the System of Crime Theory
Deng Yu-qiong
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Abstract
The intention of illegal possession is a necessary element in Chinese criminal law.In continental law system,criminal constitution theory consists of conformity,transgression of the law and liability.The three factors consists of step-by-step logical structure,called as step-by-step criminal constitution system.In the development of criminal constitution theory in continental law system,the specific intention primarily acted as liability factor,and finally evolved into factors which exist in conformity,transgression of the law and liability.For criminal constitution theory in China,intention of illegal possession,as unnecessary factor,has organic relations with criminal subjective elements and criminal objective aspects.