On The Determination Of The Behavior Of Driving The Bus For Profit Without Permission

The behavior of driving the bus for profit without permission refers to the driver who works in the bus company take advantage of driving the bus without permission,and the driver have noticed that his behavior will break the rules. This kind of act has three distinguishing features. The first one is particularity of the behavioral subject.The second one is profit-making of the behavioral intention. The third one is specificality of the behavioral object. The last one is complexity of the behavioral pattern.At present, only few scholars pay close attention to this behavior. To solve this problem, in theory and practice, there are four different views. The first view is that this behavior can not constitute a crime. Because some people think that this behavior have little harmfulness to public society. The second view is that this behavior may constitute the crime of duty encroachment. Because some people think that, in this behavior, the offender who take advantage of his position to gain undue benefits. The third view is that this behavior may constitute the crime of illegal business operation.Because some people think that this behavior break the rules, and this behavior meets all the essence of the crime of illegal business operation. The last view may constitute the crime of theft. Because some people think that, in this behavior, the offender has the purpose of illegal possession. Actually, every view has its own gist and reasons,and every theory also has defects.In order to precisely define the nature of the act, we must clear some key points so that we can make a accurate definition. For instance, the bus drivers does not take advantage of duty, and this behavior does not constitute the crime of duty encroachment. The bus driver without permission to drive the bus is not in violation of the provisions of the state. This behavior does not meet all the essence of the crime of illegal business operation. And the driver does not have the purpose of illegal possession. Through the above analysis, this behavior should be treated with theft.