The Qualitative Study Of Criminal Law On The Illegal Possession Of Parcels By Couriers

With the rapid development of E-commerce,the cases of couriers infringing customers’ property are frequently occured in express delivery industry.In judicial practice,the conviction of the illegal possession of parcels by couriers is mainly centred on the crime and non-crime,the crime of duty encroachment and larceny,and there is no unified standard for the identification of the act.Based on the case of Yang’s illegal possession of parcels,this paper makes a legal analysis on the illegal possession of parcels by couriers,and then analyzes and evaluates the difference between the external packaging and the content,and further draws the conclusion that Yang constitutes the crime of larceny.Finally,this paper draws a conclusion on the characterization of the illegal possession of parcels by couriers and puts forward the corresponding legislative suggestions.This paper is divided into four parts,the first part introduces the purpose and the significance,the content and the method of the research.The second part is to analyze the controversial focus of the case of Yang’s illegal possession of parcels,which pointed out that there,s a lot of controversy on how to accurately and reasonably divide the crime of duty encroachment and larceny in judicial practice.Furthermore,there are three questions for different points of view on the quality of the criminal law of couriers’ illegal possession of parcels,whether it is the nature of occupation;the nature and ascription of parcels and the definition of the crime of duty encroachment and larceny.The third part of this paper is the legal analysis of the illegal possession of parcels by couriers.Through clarifying the nature of couriers’illegal possession of parcels couriers,this paper deeply studies the possession attributes of parcels,and defines the crime of duty encroachment and larceny.Finally,based on the distinction between the external packaging and content,this paper determines that Yang has committed larceny.The fourth part obtains the qualitative conclusion and suggestions on the criminal law of illegal possession of parcels by couriers,this part puts forward qualitative results of the illegal possession of parcels by couriers,and it is suggested that the legislative or judicial interpretation should be based on the theory of distinction between the external packaging and the content.Whats more,in order to balancing the conviction and sentencing it is necessary to exclude "stealing" from the crime of duty encroachment in legislation.