Criminal Law’s Analysis On The Courier’s Illegal Possession Of Parcel

Recently,the emerging express delivery industry has developed rapidly,and the use of illegal means to possess express parcels has become a high incidence of criminal because of the negligent internal management of the express delivery industry and the little legal awareness of some delivery workers.In the judicial practice,due to the imperfection of legal provisions,the quality of the illegal possession of express packages is different.The differences center on the innocent &crime and job occupation crime & theft.Even occurs the phenomenon of "different connection with the sentence",which is obviously not conducive to protect the interests of the citizens.Although there are clear legal provisions on the constitutive elements of the crime of official embezzlement and theft in the Criminal Law,t here are still many theoretical controversies on how to clearly distinguish the crime of official embezzlement and theft in the relevant judicial practice.Therefore,in order to avoid the phenomenon of different sentences in the same criminal cases such a s Courier’s illegal possession of express parcels,and to protect the legitimate interests of citizens,and it is necessary to make clear,reasonable and specific distinctions in the quality of the criminal law of Courier’s illegal possession of express parcels in each link of express delivery.The article consists of five parts: The first part introduces two typical cases with different judgments,and analyzes the the analysis on the basic case of two case,the verdict,the judgment results of the two cases and the existing controversies and differences are analyzed,and the problems caused by the two cases are put forward :(1)the identification of the nature of sealed goods in express parcels;(2)the identification of duty encroachment in Courier’s illegal possession of express parcels;(3)the definition of the Courier’s illegal possession of express packages.The second part is the specific legal analysis of the Courier’s illegal possession of express parcels,the confirmation of the express parcels possession,and the identification of Courier’s illegal possession of express parcels.The third part distinguishes the crime of duty embezzlement from the crime of theft in the field of express delivery through the four elements of criminal law.The fourth part is based on the second part of the third part of the related legal theory and analysis of two cases.The fifth part is the analysis basing on criminal law and judicial & practical suggestions on Courier’s illegal possession of express packages.Through the relevant analysis in this field,the author hopes to make a modest contribution to the progress of China’s judicial practice.