关键词: 持有型犯罪, 主观罪过, 直接故意, 间接故意, 严格责任

Abstract: The original intention for China to add possession crime to the Criminal Law is to tighten the criminal law. However, there is a widespread controversy in the academic circle about the objective character and subjective fault in possession crime. Furthermore, no agreement has been reached as for whether the subjective fault in possession crime is intentional or negligent. In fact, the doer of possession crime often do not deny the harmful result; therefore, possession crime should be an intentional crime, which, however, is not adequate to support the particularity of subjective fault in possession crime. The doer of possession can merely realize the occurrence possibility of the criminal result caused by the behaviors of possession, and take a negative and indulgent attitude towards possible harm-causing possession. Hence, the subjective fault in possession crime can only be an indirect intention. And because the possession causes a harmful result of hazardous condition, possession crime can be identified as an indirect intention crime.

Key words: possession crime, subjective fault, direct intention, indirect intention, strict liability