Research On The Identification Of Toll Evasion By Car-following

With the development of artificial intelligence,"Internet + high-speed" and "artificial intelligence + high-speed" are developing rapidly,and new payment methods are also emerging.Usually,the crime of larceny,robbery and the crime of picking quarrels and provoking trouble have a clear distinction,but the emergence of the new mode of payment,the crime of larceny,grabbing crime,picking quarrels and provoking trouble and the crime of fraud into confusion again.In judicial practice,there are disputes in the identification of the act of evading the expressway toll by following a car.The main types of crimes judged by the court include larceny,snatching,and picking quarrels and provoking troubles.From the theoretical and practical sense,it is more appropriate to identify the crime of larceny,the reasons include: the act of evading car fees should constitute a crime,it mainly infringes the property interests and does not belong to the nature of "doing nothing" and other gangsters,so it should not constitute the crime of picking quarrels and provoking troubles;Under ETC following mode,"intelligent machine" cannot be the object of fraud crime,so cheating machine cannot constitute fraud crime;The property interest does not belong to the victim’s "closely possessed thing",which excludes the establishment of the crime of robbery;From the six aspects of violation of rules,violation of norms,violation of obligations,legality of constitutive elements,infringement of legal interests and guilt,it is more reasonable to identify the act of evading car fees as the crime of theft.This paper starts with the analysis of the boundary standards of the crime of theft,robbery,picking quarrels and provoking troubles and the crime of swindling,and discusses the identification of the behavior of evading tolls(property interests)by following a car under the new payment method.This paper is divided into five parts.The first part introduces the research background,research significance,research methods and structure.The second part introduces the brief introduction of the case and the controversial issues.Three cases with unequal judgment in similar cases were introduced to introduce different views on the identification of car-following evasion.In addition,the challenges brought by car-following behavior to the case characterization were analyzed based on the case,and the case focus was summarized to sort out the theoretical controversies.The third part is the legal analysis of the case,including the overview of the behavior of evading tolls with cars,that is,the reason analysis of the behavior of evading tolls with cars,and the construction of the behavior mode of evading tolls with cars.The analysis of the crime and non-crime of the act of evading fee following a car,that is,the opinions of the crime and non-crime of evading fee following a car differ,and the analysis of the crime of evading fee following a car from the modest determination of the criminal law;The analysis of this crime and that crime is that the judicial application is unreasonable when the crime of larceny and the crime of snatching is congruent,the crime of picking quarrels and causing troubles or the crime of swindling is unreasonable;The analysis of crime sentencing standard includes the difficulty in identifying the number of times,the amount of money,the improper application of the types of punishment and the term of imprisonment.The fourth part is the research conclusion.It includes correctly identifying the criminal nature of the act of evading fees by following a car,distinguishing the charges applicable to the act of evading fees by following a car,and perfecting the conviction and sentencing standards of the act of evading fees by following a car.The correct identification of the criminal nature of the act of evading car following includes two aspects: making clear the act of evading car following into the crime from the "trinity" and improving the regulation from the modesty of the criminal law.The charges applicable to the act of evading fees by following cars include the boundary between the identification of larceny and robbery,the boundary between the identification of picking quarrels and provoking troubles and the identification of fraud,and the identification of the rationality of larceny.To perfect the standard of conviction and sentencing for the act of evading fees by following a car includes two suggestions: issuing judicial interpretation to define the number and amount of evading fees by following a car,and limiting the scope of punishment and prison term for evading fees by following a car.The fifth aspect is the conclusion,which summarizes the previous discussion.