A Research On Criminal Characterization Of "Speculation Behavior Of Pengci During Driving"

"Speculation behavior of Pengci during driving" behavior in public transport in recent years within the region, victims of crime who violated traffic regulations by intentionally making a false accident to compensate victims of a new type of fraud crime.Since the emergence of such a crime since, both in legal theory or practice circle circles there has been considerable controversy, and the focus of controversy focused on "driving Pengci" criminal acts of qualitative issues.Some scholars believe that "driving a motor vehicle Pengci" acts of great harm to society should be dealing with the crime of endangering public safety, there are scholars who believe that fraud should be established or robbery or extortion.Judicial practice, qualitative case for driving Pengci there are big controversy, lack of a unified judicial practice in the standard penalty, different courts with different charges were the "driving Pengci" who were punished.Courts in many areas now tend to "drive a car Pengci" behavior characterized as a dangerous method of the crime of endangering public safety in order to increase efforts to crack down on such behavior, the paper of a monk, who selected the "driving a motor vehicle Pengci"behavior is treated as such court, and is true to some extent, such practices can combat the arrogance of the perpetrator, but this practice is consistent with the provisions of the law is still debatable.In this paper, the relevant legal theory in the form of case analysis reports and other hazards on the monks of a qualitative case study of public safety, and proposed treatment in the judicial practice "driving Pengci" behavior should follow the specific conditions of the point of view, can not be generalized.This article is divided into five parts.PartⅠ: cause of action.Monk and other dangerous means of a public safety hazard case.PartⅡ: case.This section outlines a suspect monks and others areas public transport division of labor in the deliberate creation of the illusion of victims of traffic accidents caused the fault to fraud crime victim compensation process.PartⅢ: the focus of controversy and disagreement.The case of debate focused on how the behavior of monks and others in a qualitative issue, and classified into four views.PartⅣ: Legal Analysis.This section is the core of this article.This part of the first "driving Pengci 'behavior was defined as a basis for relevant laws combined with theory, a monk of the behavior of others, for the monks and others to take a financial behavior should constitute fraud or extortionmakes a distinction between blackmail; for Monk, who is a public safety hazard, endanger public safety from this paper, the subjective aspects of the analysis and draw conclusions.PartⅤ: Conclusion.The author said: Monk of certain people "to drive a car Pengci" constitutes a crime of fraud, should their conviction and sentencing of fraud...