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Fake Military Vehicles Cheat Free "Costly Tolls" Analysis of the Criminal Case

Author: LiuYuLing
Tutor: GaoWeiJian
School: Southwest University of Political Science
Course: Legal
Keywords: fake military vehicles toll-free fraud fraud
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 95
Quote: 0
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Abstract


"Costly tolls case" once exposed that there are many disputes, the community of farmers in Henan when a toll-free behavior of cheating whether it should be recognized as a fraud and its penalties are appropriate in dispute, on the other hand, "property" a whether to include the property interests of the word, and using deceptive means to obtain property interests can be set up to defraud the parties have also been questioned, this article will focus on the perpetrator of fraud cases in highway toll-free behavior and the focus of the case step by step analysis of the dispute, hope to achieve the court’s legal and social effect of the organic unity. According to type of legal case studies master’s thesis writing requirements and format specifications, full-text is divided into five parts:The first section describes the "high price case of tolls," the basic facts: when a farmer from Henan province to escape payment of highway tolls, buying a fake uniform, two fake military license plates and driving military vehicles for a fake certificate, driver’s license, in the long up to 8 months time, the use of fake military license plates free passage Highway 2361 times the amount of toll evasion of up to 368 million yuan. People’s Court sentenced for fraud when a life imprisonment.PartⅡpresents the case the focus of controversy: when a certain point, one that documents the establishment of the crime of armed forces sale and trading of illegal use of armed forces special symbol crime on the grounds that "Criminal Law" Section 375 paragraphs 2 and 3; Second point of view that when a behavior should be recognized as contract fraud on the grounds that the highway when a manager with the legal relationship between the civil contract, contract fraud in line with elements of the crime; Point three, when a behavior that fraud should be punished on the grounds that use of fake military license plates when a toll-free fraud actions are consistent with criminal law constitute fraud; Amount of calculation and sentencing issues.The third section describes the case involving several counts of its constituent elements: Elements of fraud; The crime of sale of the armed forces and trading documents, illegal use of armed forces special symbol elements of the crime; Elements of contract fraud, etc.SectionⅣpresents case specific comments: analysis of whether the conduct constituted a fraud, focuses on the highway when a toll-free how to cheat and lie to the qualitative toll-free highways is unlawful obtaining of property of others; Analysis of a fake military license plates and use of false documents and other acts of military identification, when the act constitutes a contract fraud, the amount of computing time and a criminal sentence is reasonable and so on.The fifth part is the case conclusion: According to the "Supreme Court to hear the illegal production and sale of the armed forces and other criminal cases, the vehicle license plate number of issues specific application of the interpretation of the law," the provisions of ArticleⅢand Implicated general principle, when one should be fraud sentence.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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