The Criminal Analysis Of The Act Of Raking In Money By Traffic Police Assistant Through Stealing The Police's Account

In recently years,along with the rapid development of society and economy in China,living standards of people have improved continuously,and more and more people have their own cars;the consequent problem is that the tasks of public security and traffic management have become heavier day by day.In order to solve the difficulty of being short of hands,public security organs in different places one after another employ the traffic management assistants to help with management.As an important auxiliary force in road traffic management,traffic management assistants play an important role in such aspects as maintaining road traffic safety and keeping smooth traffic.However,due to the defects in management,some may have unlawful and criminal activities;the particularity of the identities of traffic management assistants brings difficulty to the identification of certain crimes.With the case that a traffic management assistant used a series of means including stealing the working accounts and passwords of other traffic police and intruding into the system to illegally delete information related to traffic violations so as to illegally obtain traffic violation fine as an example,this paper analyzes in detail the nature of the subjective identity of the traffic management assistant and the legal issues that may involve in the series of unlawful means and behaviors that he had,so as to provide some reference proposals for better managing traffic management assistants and for how to correctly convict of a crime and measure penalty when a traffic management assistant is being suspected of committing crime.The paper has about 21,000 characters,divided into four parts.Part One introduces the basic details of the case that Zhang illegally got “fines of traffic violations,” lists different opinions of identifying the nature of the case on the basis of its details,and based on this,concludes the major disputing focuses,so as to provide sequences of thought for the development of the later parts of the paper.Part Two is an analysis of legal principles on related problems of the case.The paper expounds the subjective identity of the traffic management assistant and the legal problems his objective behavior is related to,discusses one by one the definition of “state personnel,”the identification of “taking advantage of convenience of position” in the crime of official embezzlement,the definition of way of act in the crime of theft and the object of crime,analysis of objective factors in the crime of fraud,the identification of the crime of destroyinginformation systems in computers,the identification of implicated offenders and rules of punishment,in order to provide theoretical support for the conclusions the later parts of the paper will draw by analyzing related legal problems.On the basis of legal principle analysis of the problems related to this case in Part Two,Part Three analyzes how to specifically determine the nature of this case and then draws a conclusion,that is,the behavior of the perpetrator of the case should be convicted of and punished with fraud.Regarding the problems arising from the occurrence and identifications of the case,Part Four puts forward several suggestions on how to determine the nature of crimes committed by traffic management assistants in the future and how to prevent this type of case from recurring:First,the identification of “state personnel” should be correctly defined;second,identification of crime should be confirmed based on subjective and objective facts;thirdly,in order to prevent this type of case from recurring,traffic police should keep properly their working accounts and passwords.The paper offers these suggestions in order to better regulate criminal acts that traffic management assistants are related to,and to achieve correct conviction and sentencing.