The Criminal Law For The Illegal Possession Of The Express By The Courier

The discipline of criminal law has been perfected relative to the development of other disciplines,but in practice,due to the nature of legislation,some problems will inevitably arise.This article takes a case as the starting point and analyzes the problems existing in the current criminal law practice,in order to make a weak contribution to the improvement of China's judicial interpretation.In the current express delivery industry in China,it is not uncommon for couriers to illegally possess express shipments,but there is a theoretical ambiguity in the judicial practice of the nature of the courier's behavior.The phenomenon of different judgments in similar cases in practice is also happening from time to time,mainly in the dispute of the crime of embezzlement or theft.The focus of the controversy is firstly on the issue of the ownership of express delivery and express delivery,followed by the deviation of the understanding of the objective constituent elements of the crime of occupational embezzlement in the crime of occupational embezzlement,and finally how the coercion of the crime of occupational embezzlement and theft should be dealt with..It should be clarified that possession has been transferred when the sender entrusts the courier to the courier company.The whole shipment should be occupied by the courier company,but the attribution of the items in the courier should be owned by the sender according to the nature of the seal and the "discrimination".The study of the objective constituent elements of the crime of occupational embezzlement is first of all an understanding of the property of the unit.The express delivery in the course of transportation belongs to the property of the unit.The key is to understand the “convenience in the position”.It is clear that in the crime of occupational embezzlement,the position is different from the power,labor and official duties.The “hands-on” is the condition for “utilizing the convenience of the position” in the crime of occupational embezzlement.In the process of analyzing the conclusions of the case,this paper not only introduces a case,but also raises the problems in the current judicial practice through cases,and analyzes and solves the problems.