The Criminal Law Analysis Of Embezzlement In Luggage Transportation

With the rapid development of economy and the deepening of economic structure reform,China's aviation logistics industry has developed rapidly in recent years,and passenger and cargo passenger traffic has exploded.However,the development process has exposed the outstanding problems such as specialization and security,Such as the loss of property by the carrier,damage to theft and other police frequently.Which in the process of air transport some of the internal staff through the illegal means of illegal means of infringement of the consignor's property situation is increasing,the impact is not only affect the development of industry enterprises,urgent need for legal means to standardize and combat.China's current "prisoners" phenomenon is controversial,this behavior should be characterized as constitutes a crime of theft or the crime of embezzlement has an impact on the practice.The focus of the divergent views is mainly focused on: First,whether the objective behavior of the crime of occupation of the crime should include: stealing,cheating and other means;Second,the identification of the main identity;Third,"the use of job convenience" should be understood and " The distinction between the consignment of the consignments,that is,whether the consignment is the ownership of the unit.In order to better realize the value and function of the law in our country's economic society,to maintain the judicial authority,it is urgent to legislate and judicial activities to deal with the problem of the crime of embezzlement in the theoretical debate and the problems in the judicial practice.Through the analysis of the focus of controversy on the crime of embezzlement and theft,to clarify the relationship between the two,the "prisoners" behavior is accurate qualitative is the main clue of the article,the whole paper is divided into five parts: the first part through the case to lead the problem The second part is mainly to analyze the qualitative difficulties in order to determine the key factors in the crime of aggression.The third part is the legal analysis of the focus of the controversy;The forth part is the conclusion Summary section.