Case Study On The Conviction And Sentencing Of Shi Jiangfeng Cheat To Escapse The Toll

The case of Shi Jiangfeng cheat to escape the toll once because of super" tolls and life imprisonment sentence bring legal and reasonable tremendous contrast, stricken people widely questioned. But as the merits of disclosure and the retrial, exposes problems is the judicial public faith in the awkward position of. This case can enter the public view and cause of criminal theories and judicial practice of the heat, the focus of controversy in addition to a verdict, more important is the punishment is too severe.This article mainly adopts the deductive, inductive, speculative research method, in the case of conviction in criminal law to adopt standard analysis method, the fool escape toll of qualitative behavior according to provisions of the criminal law interpretation; in sentencing, is based on the norm of criminal law, criminal policy, the value orientation as well as the relevant legal principles, from the view of criminal amount, in the case of all-round analysis of sentencing.The article consists of four components:The first part, The case is introduced and the main controversial induction.The second part, according to the case of convicted controversy. First, from the penal code norm, analyze Shi Jianfeng whether the conduct constitutes a crime, constitute what crime, combined with the relevant charges of constitutive elements of the analysis, pointed out the behavior features consistent with the fraud behavior characteristics. Secondly, in applying law, analysis whether exist the conflict of related judicatory explanation and penal code revision bill(seven), and from the legislation and the theory of implicated offense elaborated this qualitative case rationality.The third part, in this case the multidimensional analysis. First of all, from the criminal law on the crime of amount and sentencing relations elaboration, points out that in the case of qualitative accurate premise has made the punishment is too severe sentence. Secondly, from the penalty value orientation, analysis of the impact of fair sentencing factors. Finally, from the angle of jurisprudence, the legal and reasonable integration to realize the penalty discretion unification of legal effect and social effect The fourth part, elaborates the problems of treatment process, points out the problems mainly lies in the sentencing deviation, but is not limited to this. In the legislation lag in the judicial practice, we should reform the procedure of measurement of penalty, penalty norms, correct the wrong idea of severe punishment doctrine; perfecting the people’s jury system, strengthen the communication of public opinions, public opinion and judicial implementation is benign and interactive; at the same time, we should pay more attention to improve the judicial staff’legal consciousness, to strengthen the judicial system of internal supervision restrict a mechanism, in order to reduce misjudged case happen again.