Legal Analysis Of Qualitative Behavior Of Highway System

At present, China’s highway mileage number is about85000kilometers, ranking second in the world. But the rapid development in the mileage at the same time, the new situation, new problems exposed in operation management of Expressway also increased year by year, tolls leakage problem is particularly serious. In this regard, at present there is no legislation to impose sanctions on the evasion behavior constraints, mostly only pay tolls, if the circumstances are serious is only by the relevant law enforcement departments to pay a fine, administrative detention administrative punishment. The evasion behavior, system cost is almost zero, the huge economic interests and the lighter punishment, the evasion behavior is banned repeatedly more than, even more rampant.In recent years, reports of escaping from fee phenomenon through the network, television, newspapers and other media, aroused wide concern. Especially the "Henan price tolls" case, but also caused an uproar, triggered the experts and scholars on the legal problems of high-speed video behavior qualitative discussion, public opinions are divergent., each view has not unified. At present, the plot, harm of high-speed evasion behavior similar, the actual punishment is not the same, Yunnan, Sichuan, Zhejiang and other provinces and cities have regulations evaded tolls can be investigated for criminal responsibility according to the crime of fraud, but there is no other provinces and cities issued the relevant regulations, on high speed video behavior punishment is still relatively conservative. Therefore, in view of the present situation, urgent need to identify high speed video crime and non-crime, to constitute a crime shall be the legal nature of clear, to establish the legal authority for crime at the same time, also have a certain deterrent effect.In this paper, the author through the analysis and comparison of several typical cases sentenced to actual to everywhere, put forward new opinions, says the highway fee amount reaches a certain standard of measurement of penalty or serious circumstances, can constitute a crime, the general behavior of large amount should be based on the analysis of the crime of contract fraud conviction and sentencing, the use of false army card etc. false means to avoid the toll fraud should be the conviction and sentencing of evasion behavior, failure of highway facilities, shall be in sentencing convicted of the crime of sabotaging transportation facilities. The high speed video behavior does not constitute a crime, according to "the punishment of law" administrative punishment. Evasion behavior constitutes a crime sentencing standards can be in accordance with the relevant provisions of the crime of contract fraud in criminal law, namely, the amount is relatively large, three years in prison or detention, or impose a fine; if the amount involved is huge or other serious circumstances, at three years to ten years, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, a fine or confiscation of property. Among them, according to the specific circumstances of evasion evasion behavior and consequences, to carry on the concrete nature of the crime.