The Difference Between The Crime Of Theft In The Field Of Express Delivery And The Crime Of Occupation

The distinction between the crime of occupational embezzlement and the crime of theft is a more difficult problem in our country.Especially in today's market economy,China's market economy is constantly developing and improving.On the one hand,the problems of the traditional forms of companies,enterprises and other units using the convenience of their positions to embezzle and steal the unit's property have become more prominent.On the other hand,along with the rapid development of the emerging express industry,problems such as the imperfect internal management system of the express delivery industry have gradually emerged,and couriers have used various forms to embezzle and steal the courier.The criminalization of crime in this field in judicial practice is mainly centered on the crime of occupation and theft.It is necessary to take the express delivery industry as a research point,starting from the constitutional elements of the crime of theft and the crime of occupational embezzlement,and analyzing the problems existing in the identification of these two crimes,and analyzing the identification problems of the two.Therefore,in the early stage of the thesis writing,the author collected a large number of cases in which the courier items in the express delivery field were stolen.According to the basis and the crime of the final case classification,many books and materials in this area were consulted,and relevant materials were accumulated.In the writing of this article,the first is to analyze the case samples in the field of express delivery in the practice of justice,pointing out the main points of dispute.Then it combines the distinction between the two elements of crimes to explain the distinction between the two crimes in the field of express delivery;in this process,the issues related to the crime of theft and the crime of occupational embezzlement are discussed,such as the constituent elements of the two crimes,the convenience of using the position and Take advantage of work convenience,possession issues,and analysis at all stages of the express delivery.Finally,the specific case is analyzed by using the controversial focus standard proposed in the paper to verify the practicalityof the theory.Therefore,there is a clear understanding of the specific boundaries between the two crimes,in order to contribute to the progress of judicial practice in our country.