Research On The Legal Determination Of Interval Evasion Of Tickets

Interval evasion of tickets refers to the behavior of evading the transportation payment of interval train stations for the purpose of illegal possession.Damaging the property interest of railway transport enterprises,it is also rather easily to cause overload which disturbs transportation order,in addition to endangering the public safety of railway traffic order.With regard to the legal determination of interval ticket-evasion,some foreign countries explicitly defined such kind of evasion of fares payment as a crime while other foreign countries convicted the evasion of specific types as a crime of swindling in legal precedents.In China,there are no current laws providing independent norm for interval evasion of tickets,and in domestic published academic studies and legal precedents there are neither systematic studies nor relevant legal precedents concerning legal determination of the evasion.A legal determination of interval ticket-evasion has not been reached a consensus among public security organs,procuratorial organs and people's courts,which,in juridical practice,leads to confirmation difficulties in such aspects as legal determination,criminal patterns,and the amount of ticket-evasion.Therefore ticket-evaders sometimes are simply asked to make a supplementary payment for the transportation without any administrative penalty or criminal punishment.Low cost of ticket-evasion makes no difference in effective suppression of it.Further analysis on the constitutive elements of interval evasion of tickets in criminal law is imperative for the purpose of investigating the degree of interval ticket-evasion,making up the deficiency in theoretical research on the evasion,in addition to forming a feasible theoretical model to guide the judicial practice of suppressing interval evasion of tickets.This thesis,including introduction and conclusion,consists of seven parts in which the introduction part introduces the background and significance of the research.Chapter one expounds the concept of interval evasion of tickets and classifies which specifically into such five forms as:under the precondition of official ticket for the departure station,official tickets,fake tickets,void tickets,no tickets,and collusive exemption on ticket-checking for the terminus and it narrates the causes,features and harms of the evasion.From the perspective of the constitution of a crime,Chapter two expounds the legal characterization of interval evasion of tickets both home and abroad as well as the disputes of them in practice.Chapter three analyzes the above five types of evasion in conformity,illegality,and imputability.Chapter four focuses on the specific conviction of these five types of evasion as well as the legal determination of each of them.In chapter five,important issues in the legal determination which entails attention are analyzed in such aspects as the discernment of guilt and innocence,specific accusations,unit crime,criminal patterns,the amount of ticket-evasion and the like.The conclusion summarizes the overall thesis and lists specific measures for interval evasion of tickets with the emphasis that precautionary measures are fundamental approaches.Besides,it points out the deficiencies of this thesis.