Legal Characterization of the Behavior of Following a Car to Evade Tolls

Abstract

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.