Pengci Qualitative Study Of Crime Case

Because of the rapid development of economy and great changes of the means of production,the means and ways of "Pengci" has also undergone a great change, although the case of "Pengci" has long existed in China. The case of "Pengci" is more harmful to the society than before,however not only does the laws of our country not give clear definition to it, but also the practice and academic community of the judicial have considerable controversy on how to characterize this type of case. This article combines the theory of criminal law and typical cases analyzing the "Pengci" case.It introduces the specific harmness to the society by intuitional method and discusses the importance of different circumstances,such as different environment,time,location and so on,which affect conviction and measurement of penalty.This article is divided into four parts:in the first part, it describes the basic information of "Pengci" case through its origin, characteristic, specific significance and other aspects. In the next part, it shows an overview of the "Pengci" case by several typical cases, and gives a critical analysis. In the third part, it states the academic controversies about how to determine the nature of the "Pengci" case. Firstly, it introduces several opinions which have drastic debates in the academic circle, and then makes comments of them separately. In the last part, it gives an reasonal analysis of the "Pengci" case. Comparing correlation of various accusations and related laws, it analyses the theory of criminal offenses and comes to an conclusion:In dealing with such cases, Justice department shoud judge the similar cases acording to the specific circumstance, related theories, facts and relevant laws.