The Qualification Of LiangLi Case

As for the qualification of LiangLi Case, disputes always exist in the theory circle. there are four main theories for the qualification of LiangLi Case, they are, Larceny,Crime of Embezzlement,Crime of Official Embezzlement and Innocence. After combining with various theories and disputes, I consider that LiangLi should be innocent.These disputes are born in the complexity of this case and the limitation of our law. Liangli, who based on the responsibility of a porter and disposed a carton that not belonged to her in her working range, could fall into the abyss of crime, therefore, scholars argues about whether she is guilty or not, if guilty, which accusation should be given to her.The main reasons for these arguments is that, the understanding of"Illegal Possession","secret"in Larceny, and the constitutive requirements of Larceny,Crime of Embezzlement,Crime of Official Embezzlement. To compose Larceny, the Suspect should have the target of Illegal Possession, and its behavior should have secrecy;To compose Crime of Embezzlement,the Suspect must have the refusal behavior of return and refund; To compose Crime of Official Embezzlement, the object of the suspect must be public belongings. In general, the theory of Larceny,the theory of Crime of Embezzlement and the theory of Crime of Official Embezzlement are all defective, the theory of Innocence is reasonable.