Criminal Law Analysis Of Courier Illegal Occupation Of Express Mailina

There are a large number of relevant documents defining the crime of theft and embezzlement,involving the illegal possession of express mail by couriers in practice as a relatively new type of crime,and as a type of crime with a higher frequency in today’s society,the definition of the two crimes It seems that new challenges have emerged,such as whether the courier has the convenience of taking advantage of the position,or whether the express is a sealed object,and what kind of possession relationship the courier has with the sealed object.These issues are not unified in practice.Identification standards.Therefore,taking the illegal possession of express mail by the courier as the research object,conduct an in-depth theoretical analysis of the controversial issues on the basis of empirical case analysis.In view of the current judicial practice,from the effective court judgments in recent years,we have selected typical,controversial and research-worthy cases concerning the illegal possession of express mail by couriers,and carried out relevant typological analysis on these cases.Combining with the comparison of the constitutional elements of the crime of occupational occupation and the crime of theft,it summarizes the current controversial issues caused by this behavior.First,analyze the double identification standard of the job concept and the use of job convenience,and explore whether the identity of the courier belongs to the category of job and whether it has the special objective elements of the crime of job embezzlement.Second,analyze the duality of the concept of possession and define the express itself as a sealed object,so as to use the distinction theory to prove the ownership of the sealed object.Third,conduct legal analysis of the two doctrines of behavioral styles,and put forward a suggestion of adopting a single method theory,and from the perspective of comprehensive means,analyze the rationality of the coexistence of the two crimes in accordance with the common law quasi-utility theory.On the basis of this point of view,it proposes specific judgment ideas for the behavior to be characterized as theft,and provides theoretical responses to relevant cases,and hopes to resolve disputes in similar cases in the form of judicial interpretations and maintain the sound operation of the express delivery industry.