Penality Of Various Types Of "Porcelain" Behavior

The concept of Peng’ci(“Crash for cash”1)has a very long history.In the ancient times, there are people who made their living by “Pengci”.At the earliest, this act is developed among the downfallen Eight Flag Youth who often held the “expensive” porcelain, walking in the streets, and intentionally had carriages broken the porcelain to demand reparations.With the development of the science and technology, this conduct has became more complicated, showing a trend of gang crime. Along with the accelerated rate of the information, the very common phenomenon of “Peng’ci”, once even became hot words on the Internet,has now caused a great of concerns nowadays.Despite China has become the world’s second largest economy entity, the vigorous development and improvement of productive forces and the general living standards is along with the serious phenomenon of increasing gap between the rich and the poor, lack of integrity and moral decline. This leads to some individuals with rich-hating psychology or fluke mind to play this “Peng’ci” drama again and again, which not only be injurious to personal and property interests, but also a threat to the public order and public safety, running counter to China’s idea of Harmonious Society. The lack of the clear definitions and regulations of this act in China’s criminal law results to some disagreements in dealing with problems in the judicial practice, which would do harm to the reducing of this crime and the building of judicial credibility. Thus, this paper classifies and discusses various cases into categories in order to help determine the nature of the act of “Peng’ci”. Although there is continuous innovation of the type of this conduct, the nature of it can be defined as follows:Someone,for the purpose of illegal possession, deliberately creates accident, trap or hazardous situation and convinces the other party to be responsible for what happens,thereby inducing or coercing the the other party to process the property.This article will firstly make an introduction of the definition and the origins of the act of Peng’ci, analyzing the relevant social basis of the existence and development relating to this act in today’s society, as well as the common features in the aspect of behavior subject, behavior object, behavior way and implementation place. The act can be divided into different types according to various behavior ways, including the theold- fall type, vehicle-used type, body-hurt(himself or others) type, the Internet-used type and entrapment type. In the process of analyzing specific cases, we need to identify a act of “Crash for cash” through the discussion of different situation, especially focusing on the distinction of different cases, which belong to a certain type,to determine their respective natures and punishment. Only in this way, can we well embody the principle of suiting punishment to crime in criminal law and effectively fight against crime, finally, maintain the harmony and stability of our society.