On The Determination Of Illegal Possession Of The Sealed Object

The development of the logistics industry has driven the spatial circulation of a large number of goods,the separation of the client and the goods has become the norm,and the traditional concept of criminal law of physical possession has been impacted.In the field of logistics,postmen frequently illegally possess sealed objects.However,due to the lack of legislative provisions on possession in the criminal law,the judicial convictions for stealing sealed objects have been severely differentiated by local law enforcement agencies.There is a big difference between the legal punishment of theft and embezzlement in criminal law,which makes the judicial practice often hesitant to determine the nature of the difficult cases involving sealed objects.Because the ownership of the possession of the sealed object is closely related to the nature of the act of occupying the sealed object,it has caused a scene of different opinions in the academic and theoretical circles.In the judicial practice and academic circles,there is no unified understanding of the ownership of the sealed object.In the judicial practice,the difference theory can better coordinate the relationship between theft and embezzlement.Therefore,the author agrees with the method of distinguishing possession.The contents of the sealed object should be possessed by the client because of the sealing and exclusion of the client,while the whole sealed object should be possessed by the trustee because of the direct physical control of the trustee.In the theory of possession of the sealed object,when determining the nature of the illegal possession of the contents of the sealed object,we should adhere to the theory of distinction.We should determine the nature of the two kinds of acts separately.Starting from the specific judicial cases,this paper analyzes the connotation and extension of the sealed object,analyzes the composition of possession in criminal law,compares the civil and criminal possession theories,and further clarifies the identification of possession in criminal law from the comparison.and finally qualifies the illegal possession of the sealed object.