Driving A Fractured Toll Gate Rail Avoided Paying Tolls Qualitative Research

Along with the economic and social development and progress, the crime has also appeared in the way different means and tricks, many ways crime, violation of criminal object in law set up at the beginning of lawmakers not or cannot be given, such as the word "property" in the beginning only the meaning of physical property, because at that time society without besides can be representative of the property; Slowly, currency, checks, stock went into people's life, even the work can gain wealth, the concept of "other interests" quietly and gradually expand the concept of property; Later, the network appeared, virtual property was born, and the meaning of property has been greatly expanded. Along with our country economy fast development, all kinds of road construction and rapid development, our country current highway total mileage has the world's largest, but the question comes: represented by highway roads and other infrastructure in the construction, operation and maintenance requires strong financial support, just rely on the government financial support is not enough, therefore, become the inevitable choice, paid use highway every use of highway vehicles pay tolls shall be according to the use of mileage. Therefore, regardless of the morality and selfish people to flee to pay tolls to various tips were invented, what behavior should be legal regulation for crime has become a problem to consider.Collision levels avoided paying tolls is avoided paying tolls of the common way, how about criminal law qualitative controversy in judicial practice, the essence of its qualitative dispute reflects people's different understanding to "property" means.This article according to the following four parts of content:The first part is the introduction of the case situation. Case is introduced first, and then introduces the qualitative case of innocence, fraud, rob sin, three different point of view, the object of the crime is the controversial focus which includes other interests? The object of the crime must have asked the victim close to its possession?The second part is the legal analysis of the problems related to legal analysis section is divided into five levels to discuss:One is the target of criminal offense of infringing property- property- analysis shows that, from the nature of the property, characteristic, to other interests obtained way, kinds and can interpret property interests as property has carried on the theory of interpretation,analyzed the sure or not DingShui their own reason, the conclusion is a word to accommodate other interests for property, crime need to conform to social development;Two is this case involves property interests as a target of criminal offense of infringing property for explanation, which can be incorporated in the violation of property crime object category, in fraud and crime is how to understand;Three from the requirement of a legally prescribed punishment, to expand interpretation and analogy to explain the similarities and differences are discussed. The purpose of criminal law is the guarantee of human rights, on the one hand, on the other hand is to punish crime, so to explain the criminal law language accepteth should follow the principles of legality, fully considering the national forecast possibilities, citizens in the nature and consequences of behavior have on behavior have enough understanding and fully understand, but on the other hand also want to expand under the not in violation of the principle of a legally prescribed punishment for a specified explain explanation for the crime shall be incorporated in the circle of criminal action in order to maintain social order, classify the property interests into robbing sin is not within the scope of the challenge of a legally prescribed punishment.Four is qualitative and analysis of the crime of fraud, crime of fraud of the essence is the victim due to the offender of deception and dispose of property, damage to property of the victim and the victim himself dispose of property has a direct causal relationship, otherwise it will be difficult to punish of crime of fraud;Five is to analyze the object of the crime- property- whether to dispute, closely holds the necessary conditions for the victim theory the author in favor of the property is not to the victim of the crime was closely for necessary element.The third part is case analysis, this part analysis the legal dispute cases, come to the conclusion that disputes should be condemned by rob.The fourth part is on the case study analysis of a series of enlightenment. One is the judicial cognizance, stick to the combination of form and substance of a legally prescribed punishment, without transgression of semantic into sin or not should be considered substantial rationality, the second is recommended for projects examples of judicial explanation or with guidance, other interests can be seen as clear which take object type property crimes.