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近年来,在公路和高速公路上发生的哄抢行为时有发生,一般表现在货运汽车在道路上发生事故致使所载货物散落在路上,进而遭到附近居民的哄抢。这种一哄而上的哄抢不仅突破了道德底线,更触犯了法律。对于哄抢货物的惩处,《治安处罚法》明确规定,哄抢公私财物的,可以拘留并罚款。《刑法》第二百六十八条也规定了聚众哄抢罪。车祸中哄抢货物者,造成车主的经济损失,甚至严重妨碍交警、消防等部门的执法和抢险。尤其是哄抢行为发生后,参与哄抢的人却难以受到法律应有的制裁。本文旨在分析道路哄抢行为频发的社会因素并从法律层面研究解决问题的对策。
In recent years, looting has taken place on highways and highways frequently. Occurred in the accidents caused by freight cars on the roads, the cargoes are scattered on the road and are subsequently looted by nearby residents. This unbridled looting not only broke the moral bottom line, but also violated the law. For the punishment of looting of goods, “Law on Punishments in Public Security” clearly stipulates that looting public and private property may be detained and fined. Article 268 of the Criminal Law also stipulates that people gather themselves for looting. Car crash cargo loaders, causing owners of the economic losses, and even seriously hampered traffic police, fire and other departments of law enforcement and rescue. Especially after looting, those involved in looting are hard to be punished by the law. The purpose of this paper is to analyze the social factors that cause frequent looting on the road and to study the solution to the problem from the legal aspect.