The Criminal Analysis Of "Astronomical Toll" Case

This paper is a case research, taking Henan "Astronomical Toll" case as the starting point, based on the studies of fraud's difficult problems by domestic and foreign scholars, the author makes a further discussion about the object of fraud, the characterization of an act of fraud, definition in the "illegal occupation" and the amount of fraud and other issues in this paper. It is divided into four parts:The first part, introducing the case and the focus of controversy.The second part, making a specific analysis of the two focuses in legal theory, combined with the scholars and the author's view. In order for a detailed analysis of definition, the author analyzes the objects of property of fraud then the behavior of fraud. In subjective aspects, the author makes a comprehensive analysis of "illegal possession of purpose". In the boundaries of the similar crimes, the main analysis is in the distinction between fraud with contract fraud to easily make the conviction of fraud. The author also gives a detailed analysis of implicated problems about fraud, including the identification of fraud which plays a decisive role in the final characterization of the case. Finally the crime of obstruction of witnessing and the amount of fraud were analyzed.The third part, after the front analysis about the hard questions bout fraud, the author puts forward some legislative suggestions on fraud which should broaden the extension of fraud.The fourth part, by the above analysis, the author proposes the conclusion of the case analysis. The perpetrators Shi Junfeng makes the crime of fraud and obstruction of witnessing both, but when calculating the amount of crime, the amount of penalty should not be counted in.