A Criminal Qualitative Study Of Stealing Personnel Packages By Couriers

With the development of new transportation industry,cases of parcel theft by couriers occur from time to time.However,in judicial practice,there are different opinions on how to determine the nature of such acts,and even in practice,different judgments on the same case occur from time to time.In the theoretical and practical circles,different people have different views about such problems.Yang,as a sorter of a express company,took the opportunity to work on the sorting line of Shunfeng Express Co.Ltd.by hiding small objects in big ones to avoid scanning,stole a Xiaomi phone,took it home and use it.This is a typical case of parcel theft by couriers.After the case happened,there were many discussions in the theoretical and practical circles.There were two different views.One side believed that the act should be convicted of theft,the other side believed that the act should be convicted of duty embezzlement,because it did not meet the amount standard of the crime,so it was punished as innocence.Their controversy focuses mainly on the conviction of the act.The distinction between theft and duty embezzlement is a long-term topic in the theoretical circles.Based on these,this paper makes a concrete analysis according to this specific case,with a view to providing some help for the judicial and practical circles.There are more than 20,000 words in this paper,which are divided into four parts:The first part is a brief introduction of the basic situation of the case,describing the cause,the facts,the disputes and divergent opinions of the case,suming up the controversial focus of the case.This part is an objective description of the basic situation of Yang's act of stealing parcels.In the trial of this case,it involves the crime of theft and duty embezzlement,thus triggering the controversial focus of the case.The second part is the jurisprudential analysis.This part is the key point of this article.It demonstrates the disputes involved in this case theoretically.This part includes three aspects.The first aspect is to distinguish the crime of duty embezzlement from the crime of theft mainly by studying the objective aspect of the crime of duty embezzlement.It specifically analyses the means of the crime of duty embezzlement,including the single the means of occupying and the compound means of occupying.It also discusses the reasons why this article supports the theory of single means of occupying and the explains inconsistency of the theory of compound the means of occupying.This paper also analyzed the connotation of "making use of job convenience",as well as the connotation of "supervisor","management".The second aspect is the theory of sealed matter,which mainly talks about several theories of sealed matter: distinguishing theory,non-distinguishing theory,amending theory,and the reasons why this paper supports distinguishing theory.The third part mainly talks about the application of law in the special relationship with the overlap of articles,including the doctrine of priority of special law and priority of heavy law.It also analyses some disadvantages of priority of special law and the reasons why this article prefer to emphasize priority of heavy law.The fourth part is the Enlightenment of the study.Through the case analysis and theoretical research of Yang's case of parcel theft,this paper summarizes the conviction of "guarding and stealing" in the emerging industry of express delivery,and how to deal with similar cases better.