"Henan Astronomical Tolls Case" Study

This article selects in our country in henan and the tolls for case as the researchobject, in the case of the trial process and results received extensive attention of thesociety from all walks of life, triggered a heated discussion, and become a certain socialinfluence of the case. Based on reduction of case facts, the controversy of the caseproblem is analyzed in detail, and put forward its own analysis and interpretation.Moreover, lead by the criminal law the case problem is also worth attention anddiscussed.This article first chapter to the case facts made brief introduction, and introduced indetail the case of first instance and the retrial and basis of the result of the first majoromissions in fact decided and applicable law in trial results. Controversy in this case itwas caused by the first-instance court wrong judgment.In this paper, the second chapter focuses on the issues on the case. First of all, inthis case the defendant’s conviction on aspects of the case actor implementation ofbogus police brand plates lie to escape toll has disputes over how to qualitative behavior.This paper argues that the court to convict the defendant in accordance with the crime offraud of the punishment is reasonable. Secondly, on the sentencing the defendant to thecase, the first-instance court into crime amount of the penalty amount also caused greatcontroversy, two court cognizance of crime amount is different lead to a greaterdifference between the penalty for the defendant.In this paper, the third chapter deeply analyzes the problems facing this case in theaspect of conviction sentencing. First, our country criminal law crime number questionhas always been among the most complex, and related specification is relatively chaos,so clarify&jiangzhou and imagine competition make the difference has the importanttheory significance and practice. Secondly, this part of penal sum made detailed interpretation of the concept and nature, think that punitive amount and the amount ofcrime, is a completely different concept of law has different legal function. The case offirst instance into crime amount statistics of the amount of the punitive, confusion of therelations between the two. Finally, the case of the offender is fraud object propertyinterests, and other interests into the crime of fraud of the protection of legal interest hasthe feasibility and necessity.Legal issues discussed in this paper, the fourth chapter is the case and the solution,in case of further issues. First of all, this chapter discusses in the identified problems.Involved crime that has been in the difficulty in the theory, many theories areintertwined. This chapter for each theory are introduced and comments, thinkeclecticism have advantage. In addition, this paper also summarizes other theoreticalresults and combined with their own thinking to involved person of subjective factorand objective factor has carried on the comprehensive explanation, to able to clearlydetermine implicated relationships exist or not. Second, this chapter, the amount ofcrime in our criminal legislation question has carried on the review and reflection. Inour criminal law, criminal amount of measure varies because of charges, even thoughthe same charges in different areas required by the crime amount is different. Therefore,determine the specific crime amount standards applicable to promote judicial fairnessand justice.