Research On Criminal Cases Of Illegally Obtaining Express Packages By Taking Advantage Of Duty

In the field of express logistics,it is common for relevant employees to illegally take the seal of express package as their own by taking advantage of their position convenience in the process of transportation,handling,sorting and delivery.However,due to the uncertainty of national laws and regulations,especially the uncertainty of understanding and application of the constituent elements of the crime of duty encroachment,the people ’ s courts have different opinions on whether the above-mentioned acts should be applied to the crime of duty encroachment or theft in judicial practice.Through the comprehensive data analysis on cases,the following characteristics are obtained:(1)the cognition of the possession of the sealed property directly affects the conviction and sentencing of the case;(2)Theft behavior makes it difficult to accurately apply the crime of duty encroachment and theft;(3)There are many conflicts in the understanding and application of duty convenience in judicial practice.Based on Yang’s case of duty encroachment,Xu’s case of theft,Cao’s case of duty encroachment,Ding’s case of theft,Deng’s case of duty encroachment,and Guo’s case of theft,and extracted the following controversial focus:Dispute focus 1: whether the sealed property belongs to the property of the carrier’s own unit.According to the cases retrieved in this study,it is the consensus to treat the sealed property as the property of the carrier’s own unit.However,for the whole of the sealed property and the relationship between the content in the sealed property and the carrier,2completely different views have been formed.In comparison,we should adhere to the viewpoint of differentiation theory and,emphasize the consignor’s conceptual possession ability of the content object in the sealed property,and properly consider the impact of the conceptual possession ability on the conviction and sentencing of the perpetrator.Dispute focus 2: whether theft belongs to the illegal possession of crime of duty encroachment.In comparison,the view of the single means theory is in line with that the protection of the crime of duty encroachment is the internal requirement of a single property legal interest,which is conducive to maintaining the stability of the criminal law system and should be supported.Dispute focus 3:Whether taking advantage of the convenience of carriage belongs to taking advantage of the convenience of duty.The perpetrator often illegally obtains the sealed property by taking advantage of their convenience of transportation,and as a result,there is a dispute about whether such convenience of transportation belongs to duty convenience.In comparison,judging whether the convenience of carriage belongs to the convenience of duty from the perspective of possession is relatively simple and clear,and should be promoted.