Study On The Nature Of The Act Of PengCi With Dirving Car

The disputation about the problem of the nature of the act of PengCi with Driving Car exist in criminal theory circle and judicial practice. Combination of existing formulation of the act of PengCi with Driving Car, pointing to characteristics of such cases, it is necessary to define the concept of act of PengCi with Driving Car. The act of PengCi with Driving Car have many type , they can be broadly classified according to three criteria: the space-time under that person commit crime; whether traffic police interfere after traffic accidents; the ways of creating traffic accidents.Currently, the disputation about the problem of the nature of the act of PengCi with Driving Car mainly arises five view:"the crime of fraud","the crime of extortion","the crime of endangering public security in a dangerous way","combined punishment"and"distinction". Therefore, it is necessary to review and analyse the five kinds of viewpoint to clarify their contention.According to controversy on that scholars focus, it is necessary to clarify some theoretical issues. If you want to examine whether the act of PengCi with Driving Car endanger public safety, it must be precisely defined to the meaning of public safety; how to define the nature of the act of asking for property, it must be accurately distinguish between the crime of fraud and the crime of extortion of using deceitful methods; how to deal with the issue of several crimes, it must define the relationship of several behaviors. Through the analysis, it can be found that the space-time under that person commit crime may directly affect the harm of act to society. Thus, according to spatial and temporal scope of the person who committed the crime to divide the type of the act of PengCi with Driving Car, it is more reasonable to explain the problem of the nature of the act of PengCi with Driving Car.