The Qualitative Study Of Breaking Tollbooth And Dodging Toll Under The Criminal Law

The judgement of breaking tollbooth to dodge toll differs in judicial practice.Summarized from judicial cases,such a behavior falls into one of three categories,namely the peaceful type,the object-involved violent type and the human-involved violent type.Expressway tolling system uses the principal of charging the beneficiary of private law on the domain of public law.The relationship between user and manager of the expressway can be regarded as a civil contract,where they have a de facto debtor-creditor relationship.The behavior of breaking tollbooth that falls under the crime of theft or common civil nonperformance of obligation should be strictly distinct.Based on the appropriateness and finiteness of criminal protection,the crime of theft can be convicted only when such a behavior conform to the constituting requisite of theft--transfer of possession,and when punishability is provided.Those not conform to formality shall not be incriminated,and those beyond the scope of criminal law shall be decriminalized.For the peaceful type of tollbooth breaking,the judgement should focus on the actor’s behavior of exiting the expressway without paying the toll.The actor’s behavior of toll evasion by tailgating does not involve fiction or hiding the truth,the toll collector lacks disposing consciousness and behavior,and the tollbooth on the Electronic Toll Collection(ETC)lane cannot be deceived,so the crime of fraud cannot be convicted.When the actor leaves the sight of the victim,the victim virtually loses the position to compel the actor to perform property interest.The crime of theft should be convicted when property interest cannot be performed realistically and concretely,and one ideally can moderately and finitely admit the transfer of possession of property interest.For object-involved violent type of tollbooth breaking,privacy is not the key to distinguish between theft and snatch.Due to the lack of close control of the property by the victim,the imposed compulsion does not have a tendency to shift from object to human,the crime of snatch shall not be convicted.The destruction of tollgate or guardrails accompanying tollbooth breaking is a form of public burglary employing destructive means.This should constitute the imaginative jointer of offenses of theft and malicious mischief,and should be convicted of theft with heavier punishment.For the human-involved type of tollbooth breaking,since the actor does not have rogue motivation subjectively,and does not conform to the crime constitution of “importunity”,the crime of creating disturbances shall not be convicted.Because of the violation of the dual objects of property rights and personal rights of this behavior,it conforms to the constituting requisite of robbery,and coordinates with the application of transformed robbery.