Qualitative Research On Driver’s Theft Of Property Within The Sealed Box

In recent years, China’s logistics industry has been fastdevelopment, at the same time, the property crimes in the domainof the logistics industry have gradually increased, causingserious damage to people and property safety, and destroyingthe normal economic order. In some cases, in the theoreticalcircle and judicial practice it has gradually formed a unityof understanding, but for determining the nature of thetransport company’s driver’s theft of property within sealedbox, academic circles and judicial practice still exists moreintense debate. In this paper, through the analysis of typicalcase of “Lee’s Theft of Property within the Sealed Box”, wewill research the behavior of Lee as cargo transport company’swho have stolen his company’s property within the sealed boxcan constitute what crime. The full text is divided into sixparts.The first part and the second part respectively introducethe case and case profiles, including the basic case, as wellas the outcome of the case. The third part and the fourth part put forward the maindisagreements and focus in dispute.The main difference betweenthe two sides is Lee’s act constitutes a theft or embezzlementduties. The focus indispute in this case is as follows: firstly,whether property within the sealed box can be identified as thecargo transport company’s property; secondly, whether haveLee’s stolen behavior token by taking advantage of hisposition.The fifth part makes the legal analysis of the focus to drawa conclusion. To analyze the fist focus,fist of all, we shoulddefine the connotation of the property of the unit;secondly,wewill discuss four kinds of academic viewpoints of the ownershipof the sealed box and its contents,analyze relation anddifferences between the possession in criminal law and civilpossessionand recognize the concepts and elements of thepossession in criminal law.With combining the understand ofpossession’s meaning in criminal law and evaluating thevarious views about the ownership of the sealed box and itscontents, we will expound on the possession belongs of thesealed box. At the last, express my opinion about the possession belongs of the sealed box. Finally, identify the specificcircumstances of the case.To analyze the second issue,we willanalyze the differences between the crime of officialembezzlement and theft in the objective aspect and the bothsides’ divergence of views; demonstrate the connotation ofduty and taking advantage of his position. Combining with thecase of drivers on the transport of sealed box contents istaking advantage of his position, analyze and demonstratewhether did he use his position to facilitate or not.The sixth part comprehends the front portion of said.Summarize this case. Put forward relevant suggestions to thejudicial organs on dealing with similar cases like this case.