"Porcelain" Behavior From The Perspective Of Criminal Law

In recent years, with the rapid development of social economy and road transportation enterprise, all kinds of "porcelain" frequent case, mainly for the use of property "touch porcelain", using the body touch porcelain, traffic accident "touch porcelain", etc. With the continuous development of transportation industry, become criminals idiomatic cheats out tactics. Traffic accident type "touch porcelain" has become a "touch porcelain" type of typical class cases. Traffic accident type "touch porcelain" and characterized by pedestrians and motor vehicle "touch porcelain", drive a motor vehicle and motor vehicle "touch porcelain". Among them, drive a motor vehicle and motor vehicle "touch porcelain" cases and become the typical type of one of the more common and representative. At the same time, drive a motor vehicle and motor vehicle "touch porcelain" behavior has the serious social harmfulness, it not only make the property rights of the victim, also affect the normal operation of traffic order. Therefore, the author thinks that in this kind of typical "touch porcelain" behavior of in-depth study on the overall grasp and solve the "touch porcelain" cases has far-reaching significance. In this paper, the driving "touch porcelain" to drive a motor vehicle and motor vehicle "touch porcelain". At present, China’s criminal law and judicial explanation is not clear for "touch porcelain" behavior rules. In the theory and practice, to "touch porcelain" cases had a dispute about the qualitative problems, mainly concentrated in the crime of intentionally damaging property, extortion, fraud, and the cognizance of the crime of endangering public security with dangerous method. In addition, there are in the form of crime number problem. So, the problem of "touch porcelain" behavior related activity has realistic significance to judicial practice.This article will take the typical case- hundred li peng et al. driving "touch porcelain" as the breakthrough point, under the punishment law perspective, according to the principle of crime "touch porcelain" driving behavior to delve into the qualitative issues. The author will also be driving through the "touch porcelain" behavior qualitative problems existing in the process, from the overall to "touch porcelain" behavior be grasped, and puts forward related legislative and judicial Suggestions, hope will be helpful to the domestic judicial practice.