Determine The Nature Of This Behavior That Communications Company Staff Connect Communication Lines Without Authorization And Sell Broadband

With growing popularity of internet in r ecent years,communication industry gets the rapid development,but the problem that communications company staff peculate company property is more prom inent.During the pr ocess of econom ic transformation,the m arket participants and economic sector become a multilateral,which leads to the increasing of cases of communication company staff infringe upon th e property of com pany,and the form s are more and more diversified.The behavior that communications company staf f connect communication lines without authorization and sell broadband,is a typical one am ong diversification behaviors.This behavior be longs to cr ime of larceny,crime of post embezzlement or bribery crime of non-official servant? Due to China's criminal legislation is still incomplete and lack the research to distinguish theft from other related crimes,there are a lot of controversies about the nature of the behavior in the practice of the administration of justice.Therefore,this paper,through a specific case in judicial practice,com bs through the disputes about its qualitative,makes in-depth legal analysis on this case,draw conclusions on this basis and proposes som e advice on legislation in order to guide the judicial practice,punish the criminals well.In this paper,there are about twenty-one thousand words,composed of four parts.The first part is the general information about the case.This section includes the cause of action,case description,focus of controversy.According to the time order,it describes the case,the behaviors and plots that af fect the nature of the case in detail,and sum up divergent opinions and its reason.The second part is the legal analysis.This section is the core content of this paper,which is divided into four small parts.The first part explores that whether the internet traffic can be stolen and lay a solid foundation for drawing conclusions.The second part analyzes the object and subjective aspect of bribery crim e of non-o fficial servant so as to give the contrast analysis with crime of post embezzlement.The third part studies the be havior style of crime of post embezzlem ent and draw a conclus ion that the behavior p attern of crim e of pos t embezzlement is “embezzle”.The fourth part analyze the criminal target of larceny and crime of official embezzlement.The third part is the case analysis and conclusion.The behavior of three people constitutes theft and is not corresponding with job occupati on crime,bribery crim e of non-official servant.F or the purp ose of illeg al possession,Li,Liu,and He steals th e broadband service of a communication com pany and sells it to Cui in lar ge amount,which constitutes theft.The fourth part is legislative suggestions.As can be seen from the this case that our existing law is incomplete and need to strengthen the legislation,perfect the legislation.