"The Astronomical Tolls" Case Analysis

The cases to evade tolls have already been common. But Henan’s astronomical tolls are the first case to be sentenced to life imprisonment for the evasion of tolls. Duo to the particularity of the case, it caused the extensive concern of the chattering classes and law.The discusses mainly focus on recognizing how to blame, how to sentence. This Article thinks forged military vehicle license evasion tolls break the fraud. Although the perpetrator committed several criminal acts, only one criminal purpose, that is the behavior of the cheating highway tolls; it complies with the essential elements of the involved crime. Considering the behavior of the confession and the motive for the crime the perpetrator should be given a mitigated punishment, the life imprisonment penalty is too heavy. Furthermore it also has exposed our court system is not independent, the court supervision is aliasing between the higher and the lower court, the absence of the right to withdraw in the action for re-trial, judicial occupation moral is easily overlooked, judicial corruption and so on. This article on how to improve these problems also puts forward own opinions, for reference only. This paper is divided into three parts:I introduction of the case and court trial process and results of the case.IIA case of controversial issues and legal analysis. Focuses on how to identify? Has Shi committed a crime? What crime? How to sentence?ⅢThe case exposed other judicial problems and how to perfect? Focuses on the establishment of the independent court system, how to perfect the relevant provisions on the withdrawal of retrial.