"pengci" Qualitative Research

"Pengci", is a Beijing dialect, this rogue of the old social marketplace only a method of extortion money, more that deliberately caused the collision in public, throw objects and so on. Rogue of the Act using the "fear of psychological oppression" so that the parties have a "wrong" feeling, and then to ransom. "Pengci" phenomenon associated with social development, continue to spread, evolving, especially in recent years, as China's social and economic development, the rapid growth of vehicle population, an increasing number of vehicles on the road, "Pengci "phenomenon more and more lawless parts of the" Pengci "as his way of making money. Such as car after a crosswalk or intersection slow down, it was deliberately fall in front of the car, causing the other car to hit the illusion, for blackmail. Development so far, "Pengci" have shown a trend of gang crime, more specifically a few people driving a motor vehicle manufacturer "Pengci" These people have often taken the road congestion in the city, use the other minor traffic violations to the deliberate creation of a traffic accident happened to blackmail the owner. What is more, the way to gang crime, traffic where pedestrians small but fast highway or city outer ring road accidents manufacturing extortion, face each other "contests", the gang members who will be relied more on threats or violence to the other side, forcing the other to give compensation.Along with "Pengci" the ever-changing patterns and changes in judicial practice for the "Pengci" are qualitative, there is inevitably controversial. To the author's department handled together with the recent "Pengci" cases, as well as similar cases in other parts of the treatment situation, all over the judiciary, and even within the judiciary in such cases the same qualitative are considerable differences. I believe that for such cases around the qualitative differences will inevitably lead to the handling of such cases have a substantial effect on, resulting in similar cases in different parts of the handling charges and a sentence there is a huge difference, which is bound to China " legality "of the principles of criminal law implications. By the author's department hosted a typical case of considered view that, for the "Pengci"'s qualitative, must treat, not be generalized.Paper is divided into seven parts, a total of about 20,000 words.Part I: cause of action. Zhu Moumou other four cases of extortion.Part II: case. This section introduces four such Zhu Moumou driving on the highway, "Pengci" process.Part III: the focus of the case. The problem is the focus of the case: how the qualitative case, the suspect's conduct constituted What's wrong.Part IV: controversial views and differences of opinion. This section lists the views and reasons for the dispute case.Part V: Legal Analysis. The part of the first case there is a dispute involved the composition of the various features of charge to summarize, sort, followed by the suspects of the case dispute whether the conduct constitutes proof of the charges separately. First, the suspect of the case whether the conduct constitutes the crime of fraud analysis and appraisal; second suspect on the case whether the conduct constitutes the crime of extortion or robbery, analysis and demonstration, and extortion and robbery, under normal circumstances difference, in with the "violence" under the circumstances, robbery and extortion in detail how to distinguish between them, and the extortion of "threat" to the way they include violent behavior, "the degree of inhibition against the victim," the how to understand and grasp and conducted feasibility studies, elaboration. Third, the special nature of the case to the incident site, the implementation of the highway, "Pengci" would endanger public safety and whether the suspect case by the "crime of endangering public safety hazard approach" to analysis and conviction. Finally, after the draw by text analysis and appraisal This paper argues that the conclusion of Zhu Moumou other four people on the highway implementation of the "Pengci" should be "dangerous means of endangering public security" punishment.Part VI: Epilogue. Appear on various types of practice, "Pengci" to summarize the case and argument in the light of this analysis point of view based on the proposed deal.Part VII: Concluding Remarks...