Legal Analysis Of Astronomical Over The Toll The Case

Defraud, which provisions in the Criminal Code earlier, often occurs in reality. The theory of defraud has been developing with the mature of practice, but when it comes into reality, identifying defraud and sentencing is still tough in the judicial practice, for the difficultiesin defraud behavior, qualitative and final sentencingSuper tolls case is this case, when the front surface of the behavior is consistent with the " criminal law amendment (seven)" the second paragraph of article twelfth the establishment of illegal use of armed forces special mark of sin, and in conformity with the provisions of the Supreme People’s court " on some issues concerning the specific application of law in the trial production, the sale of illegal armed forces vehicle licenses and other criminal cases interpretation of" third section second," armed forces vehicles using forged or altered, theft, free cheat road maintenance fees, tolls and other fees, the amount is relatively large, shall be convicted and punished in accordance with the provisions of the crime of fraud." This paper uses the method of case analysis, detailed analysis of the differences in behavior and contract fraud, illegal use of armed forces special signs and fraud, finally think of a fool toll free behavior belongs to property interests, through the analysis that the property interests should be the object of the crime of fraud the act of fraud, in full compliance with the constitutive elements of the crime, therefore a acts constitute a crime of fraud. Another important issue in this paper is to analyze the " price" of the toll as the amount of fraud and the legitimacy and rationality, according to relevant data, a tax evasion tolls is3680000yuan, but the3680000yuan as the crime of fraud crime amount the lack of legal basis, this paper analyzes the structure of3680000yuan and expenses for the double limit should not as a cause of the two penalty basis.At the end of this article, the author analyzes the issues reflected into reality and judicial practice by the case. The specific contents include, the arbitrariness and expensive of highway toll reflect the loopholes in highway toll system; the habits of "heavy condemnation, light sentencing" in judicial practice undermine the authority of the judiciary to a certain extent, make judicial decisions cannot achieve the desired social effects; we should treat the function of the news media which plays a important role in contemporary judicial activities rational, and commit to the harmony between the two.