Study On The Behavior Of Crashing ETC Way For Escaping Toll Fee

In recent years, according to relevant statistics show that in 2009 alone, China because of the losses suffered by the evasion highway tolls, thousands of RMB 1 billion yuan, of which "collision" escape behavior, one of the most harmful to the society, and the phenomenon has been rising trend year by year, caused great damage to the people and the country, what is more, disturb the social order, destroys the market economic order. In order to effectively curb this kind of phenomenon, in recent years, such as, the province of Zhejiang, Sichuan, Yunnan, Henan and other regions, a change in the past civil, administrative approach, begin to rely on the power of criminal law to effectively combat, in order to "collision" escape behavior to change, this is undoubtedly worthy of affirmation. But, instead, it did not get, but because of "different connection with the sentence" the judicial predicament, make serious damage to the judicial authority. Against the status quo, how to "collision" escape behavior crime and not crime, this crime and crime to correct judgment, to give full play to the role of the criminal law to curb this phenomenon, and in order to solve the judicial on pure collision ETC way to escape fees behavior of different qualitative awkward predicament, all has the very vital significance. Therefore, in this paper, from three parts, such as Zhu Mou behavior qualitative problems recruit flight fee, are analyzed and discussed, summary of each part are as follows:The first part, the basic situation of case, including the details of a case, to clarify the problems of the judicial cognizance and academic debate. Points out that the educational world differences on the controversy, as well as yandu district, yancheng city, jiangsu province people's court, the decision of a judicial cognizance Zhu Mou people behavior such as a crime.The second part, the case crime and the crime analysis. First of all, on the basis of the relationship between operator and Zhu Mou, were as well as the analysis of Zhu Mou waiting behavior caused by the consequences; Second, respectively expounds the sin and guilty theorists position and point of view, through the guilty of the SINS of the theorists of questioning, reveals the law profit violation Zhu Mou et al, facts, rejected is not a crime innocent conclusion, affirmed the guilty theorists conclusions; In the end, the guilty seven crime constitution theory conclusion and reasons are introduced, reveal guilty due to various factors, a qualitative differences within the scope of the guilty.The third part, the case of this crime and crime analysis. First of all, from the perspective of legal interests violation analyzed the collision escape series behavior nature, and differentiate the collision ETC way behavior and criminal violence, that a collision ETC way behavior is a crime, criminal law, not violence criminal law; Second, stood in the midst of the crime constitution legal in conformity with the said position, has in addition to the crime of fraud of the contract of the six other kinds of crime constitution conclusion and reasons, and also analyzes the composition of contract fraud and crime number question case, conclude Zhu Mou et collision escape behavior on the crime constitution, at the same time conforms to the crime of fraud and contract fraud crime constitution, but according to the related theory of crime number, Zhu Mou et collision escape behavior, the crime number one crime cases, not fraud, should decide the crime of fraud of the contract only one sin; Again, combed the cognizance Zhu Mou and others act constitutes a crime of fraud of the contract of the subjective and objective aspects of the related problems, reveal the operators and Zhu Mou people paid for with the highway traffic services such as contract, operator's accounts receivable and provide paid services, "refuse to pay the other party to accounts receivable and escaping" situation, diddle indirect intent, the interests of the paid service ownership, respectively belong to the contract of crime of fraud of the contract should protect, object, way, deliberately, object; Finally, the case on the basis of the foregoing are summarized, at the same time also talk about the three enlightenment.