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The freeway escapes cost is sentenced without period violate compasses collect f
From;    Author:Stand originally

On June 2, declare of Kunming city public security bureau is uncovered " 4 · 18 " escape secretly case of bilk of series of highway traffic pike. This is this year will save Public Security Department of procuratorate of tall courtyard, province, province to be made jointly on March 5 " escape secretly about dealing with collect fees case of illegal crime of highway traffic pike is applicable law the opinion of a certain number of problems " , will escaped clearly secretly travelling expenses and first relevant cases since the action with larger number labels crime.

This " opinion " specific provision: "Escape secretly car pike amount of 2000 yuan of above, according to " criminal law " the 266th regulation, investigate criminal duty by crime of fraud. " escape secretly car pike amount is in 30 thousand yuan of above, perhaps have other and special serious plot, can be in set term of imprisonment of 10 years of above or life imprisonment, punish gold to perhaps confiscate property.

To this, I want to ask 3 questions.

The first, escape secretly is car pike to commit crime of fraud necessarily? The objective important document that crime of fraud makes asks, going up objectively expression counts the state-private property with larger specified number to use fraudulent means diddle, fraudulent action says to include two kinds from formally, it is dummy fact, 2 it is to hide the fact, make the injured party is immersed in the behavior of wrong understanding. Escape secretly car pike may be to commit crime of fraud really, for example the plate of apply mechanically soldiers and police that news place exposes, " twin is parturient " crossing-over plate, pretend to lose pass by to get stuck, should belong to this kind of crime. But be not all " escape cost " have afore-mentioned characteristics, for example, a few drivers are taken the advantage of collect fees personnel " take off archives " and " escape cost " ; A few personnel rely on special status, the person that be like influence or " local villain " and strong close; A few people rely on a person much influence is numerous enter forcibly close, this does not have crime of fraud to make important document.

The 2nd, does provincial judiciary have authority to explain criminal law? Yunnan province makes " opinion " it is a province essentially the makes about the clause administration of justice that Public Security Department of procuratorate of tall courtyard, province, province combines pair of criminal law explains. Who has influence to explain criminal law? This is in legal group is to have different view. Among them, the main body of legislative explanation is standing committee of countrywide National People's Congress, to this academia all consentient, open to question is the main body problem that judicatory explains. A kind of opinion is, can be top people court and top people procuratorate only, do not include the national executive authority such as the Ministry of Public Security, judiciary. Additionally the scholar is oppugned " two tall " the lawful sex that judicatory explanation counterpoises. Altogether, authoritative people argumentative is " two tall " whether the problem that undertakes judicatory explains, where to still speak of provincial judicial department explain criminal law? In fact, if every province resembles Yunnan such him explanation criminal law, countrywide law inevitable multifarious, not random set?
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