Qualitative Research On The Illegal Possession Of Express Package By Express Delivery Practitioners

From the perspective of historical evolution,the current criminal law on duty encroachment is later than larceny,and the depth and breadth of theoretical research on it are far less than larceny and other common property infringement crimes.Duty encroachment is also a behavior type redefined in the process of changing from planned economy to market economy.With the development of economy and society,the scale and level of all kinds of companies,enterprises,institutions and other organizations are becoming more and more complex and diversified,which also makes the forms of official embezzlement and theft very changeable,and the boundary between the two crimes becomes elusive under specific circumstances,which also makes the embarrassing situation of different judgments for the same case often appear in judicial practice,It also puts forward higher requirements for the demarcation between duty embezzlement and theft.In theory and practice,the literature on the distinction between the two crimes is not rare,but most of them are generally analyzed around the traditional four elements theory,and few of them are based on a specific field.This paper focuses on the qualitative problem of express delivery practitioners’ illegal possession of express packages,focusing on the distinction between duty embezzlement and theft;The second chapter introduces 68 cases and makes an empirical analysis of the judgment documents to find out the focus of dispute in the judgment and the principle and jurisprudence of the judicial organs,and to clarify the reasons for the qualitative differences in practice;The third chapter explores the feasible path to solve the problem of qualitative behavior,and expresses the advocacy of the substantive explanation of "occupying a single means" and "taking advantage of duty",as well as the new basic view of distinguishing business link conviction;The last chapter describes the author’s suggestions on the judicial improvement of the qualitative problem of illegal possession of parcels by express practitioners.