Determine The Nature Of This Behavior That Leave The Motorway Anomaly And Sell Highway Toll Card

Highway toll card as the driver entry and leave certificate is an important basis for the highway, which also plays an irreplaceable role in network in calculation and collection in the highway. Many criminals just feel the importance of the economic value, so they take the reverse driving, through forced isolation pier, isolation fence gap and other non normal way off the highway, so as to obtain foreign drivers pass card of Expressway and sell to travel farther along the way to help them reduce the traffic cost. The complexity of the behavior and the diversity of the means often lead to controversial of the identify of the nature of the case and difficult to reach a unified opinion. This paper takes an real case that happened in Shanghai of China as an example. Through legal analysis, demonstrate and put forward the judicial identification of handling this kind of cases, in order to provide a reference to the ideas of similar cases. At the same time, the author makes a further reflection on the criminal law question, in order to benefit related issues, with a view to a more clear understanding of the theory.This paper is divided into four parts, and total of more than 20000 words.The first part: the basic information of the case. This section contains the cause of the case, the introduction of the case, diverse views and the focus of controversy. In the case of the investigation, prosecution and trial stages of the review opinions divergence, the focus of the dispute is that, the defendant Peng behavior whether constitute crime of fraud, crime of endangering public safety in a dangerous method and is a crime or plural crimes.The second part: the legal analysis of the related problems. This part based on the theoretical analysis of the focus of the problem of this case and make a further analysis of the case. Including the objective and subjective elements of crime of fraud, the objective elements of the crime of endangering public safety in a dangerous way, analysis of the concept, characteristic, principle of punishment of implicated offense, which takes the analysis of the crime of endangering public safety mainly. Then, discusses deeply the problem of defining the crime of fraud, crime of endangering public safety, in a dangerous way of implicated offender. Through the above analysis, make a preparation for the theoretical analysis of the below case.The third part: the analysis and conclusion of the case. This part closely combining the facts of the case, according to the legal analysis of the second part of the focus of controversy of the case and then analysis it one by one. Not only rule out the possibility of that Peng’s behavior constitutes the crime of fraud, but also from the positive side elaborated in this case that Peng’s behavior features consistent with the crime of endangering public safety. The constitutive elements of the crime, so as to further exclude the possibility in this case that Peng’s behavior constitute the crime of endangering public safety and crime of fraud of implicated offense. Then, on the basis of the above analysis, get the conclusion that Peng‘s acts constitute the crime of endangering public safety.The fourth part: the enlightenment of the case study. This part is obtained the theory and practical enlightenment based on the summary of the legal and practical problems of the case. Firstly, the crime of endangering public safety in "other methods" of the legislative provisions are too general, difficult to unified understanding and easy to expanse the application. So a reasonable explanation for this view must stand in the point of making a "quite subjective harm" and make a accurate conviction and sentencing. Secondly, the existence of implicated offense has problems of fuzzy in identifying the implicate relationship and uncertain problems of the principle of punishment. Therefore need to identify and locate in theory to further clarify the fault principle of implicated offense. Finally, In order to effective prevent the occurrence of such acts, the relevant functional departments should take effective measures to completely block the loopholes in the highway about arbitrary u-turn.