驾车暴力冲卡逃费应如何定性

How to Determine the Nature of Driving to Break Toll Gate by Force for Escaping Toll

驾车暴力冲卡逃费行为在中国频繁发生,不仅造成高速公路通行费大量流失,有时还导致人身伤亡的严重后果。高速公路通行费属于刑法意义上的财产性利益,可以成为取得型财产犯罪之犯罪对象。基于法益保护原则,暴力冲卡逃费行为应归属于取得型财产犯罪,结合其具体行为特征,应排除构成破坏生产经营罪、合同诈骗罪、寻衅滋事罪等犯罪之可能性。暴力冲卡逃费可以区分为对物型暴力冲卡逃费及对人型暴力冲卡逃费两种基本类型,前者构成盗窃罪,后者应构成抢劫罪。

Behaviors of driving to break toll gate for escaping toll frequently happen in China, which not only bring about large loss of highway tolls, but also sometimes lead to serious consequences of personal casualties. The highway toll is a kind of property benefit from the perspective of criminal law and can be- come an object of crime against property to obtain such property. On basis of the principle of protecting legal interests, a behavior of driving to break toll gate for escaping toll shall be regarded as a crime against prop- erty to obtain such property. Combining its specific characteristics, crimes such as crime of sabotaging pro- duction and business operations, crime of contract fraud, and crime of picking quarrels and provoking trou- bles shall be excluded. Breaking toll gate for escaping toll may be divided into two basic types： one against substance and the other against person. The former constitutes theft and the later constitutes robbery.