The Astronomical Tolls Case Qualitative Research

Highway tolls to tax evasion, more money, two farmers in Henan Yuzhou after purchase two trucks, carrying two sets of fake military vehicles operating license crazy, eight months time, free access highway 2361 times, steal escape the tolls of $ 368 million. The case from the first trial, to start the retrial, to withdraw the prosecution, the facts, the evidence twists and turns. But the profession is not the case for the facts of the case of debate, the evidence, but rather focus on "the establishment of the assumed facts in the case," How to conviction and sentencing issues, this paper is based on the "assumed facts of the case established" basis, this one case of qualitative analysis research。This article is divided into six parts, about 23,000 words.The first part, cause of action. Simple case to clarify the charges of fraud suspected.The second part of the case. Order of development time of the case, stating in detail the case, and with the qualitative behavior of the plot.The third part, the case of debate and reason. Cases highlighted in the main controversial points and controversial reasons.Part IV, the case the focus of controversy. The main focus of the case described the dispute.Part V, the case of legal analysis. First, the "Criminal Law" Section 266 counts with a simple method of fraud has been stipulated. Article 266 provides that the object of fraud is the "public and private property", which for the case of qualitative and causing some difficulties, should in this case, when the brothers are free cheat for highway tolls, a property of interest, This and 266 in the "company property" does not match. This principle of legality from the perspective from four arguments can be "public and private property" to broaden the interpretation, concluded that the property interests of the object should be included in the scope of fraud. Second, cases, long-term use of many illegal acts of armed police vehicle license and use of armed police vehicle license free of charge through the highway toll station of the qualitative behavior. In civil law criminal law theory has a motto: "No behavior that is no crime." Visible, act in the composition of the supreme position. Crime is a behavior. In this paper, both the qualitative behavior, behavior that in the case of those two actions are completely independent of the two actions, further analysis of the relationship between these two acts, come as implicated in the relationship between the two acts . Concluded that the case should be Implicated from a re-at fault. Finally, as a property crime, fraud, identification fraud is the amount of essential elements of one another is a fraud one of the main basis for sentencing. Case involves punitive damages for the fraud cost is the amount of crime problems. For this characterization, this paper, the amount of fraud crime, the type of analysis and analysis of the nature of punitive damages, pointing out that the criminal case, the amount of punitive damages should not include fees.Part VI Conclusions and Implications. In the fifth part of the combined analysis, based on the "assumed facts of the case established" basis, when the brothers act fully in line with elements of the crime of fraud, illegal use of its long-term and repeated false armed forces conduct cargo vehicle license and use of forged vehicle license, not paying tolls, free of charge through the highway toll station, large amount of behavior are two completely independent of behavior, should be at fault Implicated from a felony, should be set for the fraud. But overall the whole case, the perpetrator's actions, while characterized as fraud, but fraud is not typical, and illegal possession of property directly to the fraud in different ways, the social harm to light; In addition, the behavior of people lie to avoid traffic charges just because the existing system so that the high cost of highway traffic, not to the subjective implementation of criminal, just to meet the needs of life, livelihood and thus acts in a whole range, the court shall consider actively implement the policy of JUSTICE, in the protection of people's livelihood , the context of building a harmonious society, does not contravene the principles of criminal culpability under the proper uniform to be sentencing.