On the Identification of Normative Possession in Property Crime——From the Perspective of the Carrier Taking Goods Privately in the Logistics System
Possession is an important concept in property crimes,which affects both qualitative and sentencing.At present,the standard for determining possession is controversial,far from reaching a consensus,which leads to the dilemma of case handling.The key to solving the problem lies in clarifying the judgment elements and specific thinking paths for possession.The basic position of factual elements should be maintained,and the core idea of normative possession theory should also be advocated.Specifically speaking,we first examine the factual elements,combine the normative ele-ments,and then examine the subjective spiritual elements,and judge the ownership through the pro-gressive structure of hierarchical judgment.The promotion of hierarchical judgment criteria is helpful to clarify the criterion of possession judgment and present the thinking path,thus playing a guiding role in the criminal law theory in the case judgment.
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