Bound To Toll Station Staff And Pretend To Be Its Charge Tolls Qualitative Behavior

In recent years, the impact of highway toll and collect past tolls as its staff cases have occurred, caused the social concern. Behavior of the person for such cases the qualitative problem, both in the theoretical circle and judicial practice in our country there is the crime and he sin, a crime and several crimes of different views and opinions. For the handling of such cases in the practice of chaos, the condition of the same crime different punishment may occur, this is not conducive to the maintenance of authority of the criminal law, at the same time people are not able to correct understanding of such crimes, but also not conducive to the implementation of criminal law education function. This article selects in a bind highway toll staff and pretend to be its tolls case, analyzes the case of qualitative research.In addition to the introduction, the main content of the text includes four parts:The first part, the basic situation of the case. This part includes the case causes disputes, the case is introduced, and the focus of the controversial issues. Qualitative there are five kinds of claims about the case: the first is in a certain behavior such as constitute the crime of illegal detention and fraud, respectively, should be combined punishment for several crimes; The second proposition is in a certain behavior such as constitute the crime of illegal detention and whoever impersonates a respectively, should be combined punishment for several crimes; And the third is in a certain behavior such as constitute the crime of illegal detention and fraud, respectively, belong to the involved crime, should choose a felony punishment; A fourth is in a certain behavior such as constitute the crime of illegal detention and whoever impersonates respectively, belong to the involved crime, should choose a felony punishment; 5 kinds of claims in a certain behavior such as constitute the crime of illegal detention and robbery, respectively, belong to the involved crime, shall be from a felony punishment. Controversy focuses on the differences above points of view: the case in one and others should be how to qualitative? A crime or crimes? Do you want to combined punishment for several crimes?The second part, the relevant legal analysis of the problem. Writer will this case controversial views involved in the crime of illegal detention, fraud, committing crimes, robbery crime constitution characteristics of combination of dispute focal point question has carried on the related theory of interpretation and analysis. And to handle the case involved in the distinction between a behavior and for behavior, composite behavior define problems and in the concept, describes the cognizance of the relation involved and understanding. On this basis, the author concluded that the qualitative behavior to the case, and illustrates the reasons.The third part, the analysis and conclusion to the case. This part, I closely combined with the case facts, the focal point of the above analysis and the following conclusions: first, highway toll staff do not belong to the "national office working personnel", for a people pretend to be the object does not accord with the requirement of committing crimes; Second, in a person’s behavior doesn’t accord with fraud behavior logic, does not constitute a crime of fraud; Third, bundled behaviors, as behavior and the behavior of the tolls is a subjective fault of a behavior as a whole; Fourth, in people’s behavior and the robbery and so on a consistent with the requirements of the four elements crime constitution; Fifth, this case is not implicated offender. To sum up, this case the final conclusion- to robbery crime convicted and punished.The fourth part, in the case of revelation has the following three points: first, the cognizance of the crime of fraud should firmly grasp the logic characteristics of crime of fraud of the objective behavior, interlocking, be short of one cannot. If the offender is cheating, so the other party to sink into the wrong understanding and dispose of the property, but the other party did not suffer any damage to property, does not constitute a crime of fraud. Second, the practice of the cognizance of a crime and several crimes should firmly grasp the principle of constitutive requirements, otherwise repeat evaluation errors may occur. Third, this case occurred reasons, highway toll station because of the particularity of its geographical location, working environment of openness and charging and the characteristics of huge cash flow, cash is easy to become the target of criminal impact money to effectively prevent the happening of this kind of behavior, highway toll should take relevant measures.