A Criminal Qualitative Study On Illegal Possession Of Sealed Property

The writer wishes to provide a feasible reference for judicial recognition of sealed property in subsequent exploration. Moreover, w hile introducing debate over five theories on the ownership of sealed property in the theory circles of both home and abroad, the writer has given detailed interpretation of the large theoretical context, the ownership issue under criminal law. Finally, based on the foregoing, the writer has put forward the proposition and made reasonable criminal qualitative judgment on the acts of illegal possession of sealed property, which is that writer supports the theory of differentiated possession, which holds that in the circumstance of an entrusted sealed property, the sealed property, as a whole, is owned by the consignee, while the content of it is owned by the consignor. Therefore, the acts of illegal possession of sealed property, as a whole, by a consignee in its storing and transporting process constitute the crime of embezzlement, while the illegal possession of its content constitutes theft. In the end, the writer has also provided a relatively systematic explanation on a series of challenges maintained by the theory circles on the theory of differentiated possession, which is not only the ultimate purpose, but also the significance of this paper.