Analysis Of PengCi Case

It has a long history to extort money with the method of Peng Ci. Some men in the ancient times blackmailed money with fragile China. With the development of society, the methods of Peng Ci alter significantly and become more implicit with great dangerous effect to the society . Making Peng Ci with driving a car is new crime. In the past years, criminal experts argue the issue on how to determine the nature of Peng Ci conduct, some of them think such conduct should be treated as crime of endangering public security at terms of its great detriment to society , however, the others believe such conduct should be decided as crime of fraud ,crime of robbery or crime of blackmail. The author accumulates,analyzes relevant materials and takes certain Han Peng Ci case published on the Beijing youth daily in November of 2006 as an example and introduces the analysis of determining nature of Peng Ci conduct according to the cause of action ,in order to find some useful ways to help judicial authority in the coming judicial practice. In addition, the frequent occurrence of Peng Ci case has objective and subjective reason. Most people do not know how to prevent Peng Ci so that they have to bear major loss. The author collects others experiences and shares them with potential injuried party caught in Peng Ci caseThe paper consists of three chapters .The first chapter simply describes the source of Peng Ci and its formula of performance The second chapter comments on several conceptions and their explanations on the analysis of determining nature of Peng Ci conduct in the field of criminal theory ,mainly compares crime of robbery with crime of blackmail in accordance with the object of crime and the method of performing violence,threat,duress , finally makes the conclusion which matches the said case and indicates through macroscopic prospective that the complexity of determining nature of Peng Ci conduct so that we should determine each case by unique feature of each case .The third chapter analyzes the objective and subjective reasons of frequent occurrence of Peng Ci case and provides some preventions to government and individuals...