跟车逃费行为的法律定性

Yiliang Zhuo
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引用次数: 0

摘要

随着科学技术的发展与进步,高速通行费支付技术不断创新,在给人们出行带来便利的同时,也带来了新的问题。因此,逃费行为大量涌现。针对频繁出现的逃费现象,本文结合案例对逃费行为的定性问题进行探讨,以期解决实践和理论上的争议。从刑法的谦抑性和刑事违法性两个方面探讨了行为罪与非罪的问题,最终认定其构成犯罪。同时,严格比对各罪的构成要件,探究其背后所保护的法益,洞察设置本罪的实质目的,从而正确区分本罪与其他犯罪。还要平衡好惩罚犯罪与保护人权的关系,在成立数罪并罚时,要对罪数进行讨论,对犯罪做出准确的评价。通过以上层层分析,最终将该行为认定为合同诈骗罪,这对于打击犯罪,充分发挥刑法的教育作用具有重要意义。有效遏制了犯罪行为的发生,有利于提高社会公众的认可度,维护司法公信力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Characterization of the Behavior of Following a Car to Evade Tolls
With the development and progress of science and technology, high-speed toll payment technology continues to innovate, which not only brings convenience to travel, but also brings new problems. As a result, a large number of toll evasion behaviors have emerged. In view of the frequent toll evasion phenomenon, this article discusses the qualitative issues of toll evasion behavior by combining cases, so as to resolve practical and theoretical disputes. The issue of behavioral crime and non-crime was discussed from the aspects of modesty and criminal illegality of criminal law, and finally it was determined that it constituted a crime. At the same time, we strictly compare the constituent elements of each crime, explore the legal interests protected behind them, and gain insight into the substantive purpose of setting up the crime, so as to correctly distinguish this crime from other crimes. It is also necessary to balance the relationship between punishing crimes and protecting human rights, and when multiple crimes are established, discuss the number of crimes and make an accurate evaluation of the crime. Through the above layer-by-layer analysis, this behavior was finally determined to be a crime of contract fraud, which is of great significance to combating crime and giving full play to the educational role of criminal law. It effectively curbs the occurrence of criminal behavior and is conducive to improving public acceptance and maintaining judicial credibility.
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