Car "Touch Porcelain" Behavioral Research

The definitions of car"touch porcelain"case vary from different courts which have different judgments and punish standards, and there are still no uniform standards in judicial practice currently. It is disadvantage to fight against crimes, and the questions about different judgments of the same case will be arisen by public. Only by "touch porcelain" be correctly defined, can we combat "touch porcelain" effectively, and receive a good legal effect and social effect. This thesis which takes an example of a super-large "touch porcelain" case occurred in Chongqing in 2010, analyzes the problem of "touch porcelain".It mainly includes four chapters,about 21,000 words in total.The first chapter introduces the case which summarizes the situation and focus of the case. The case is as follow: the defendant Xiong colluding with Xia and other hobos rent cars on the highway to make traffic accidents purposely and made use of the traffic rule about"change lanes vehicles must avoid straight vehicles" to extort money. They have made more than 280 cases happened in Chongqing, Guizhou, Sichuan over a year,and gained more than 100 million Yuan from drivers and insurance agents. The focuses of this case include tow parts: the one is that whether "touch porcelain" behaviors of the defendants are harmful to public security, another is that the behavior of obtaining compensation by "touch porcelain" constitutes a crime or plural crimes.The second chapter is about controversy and disagreement of the case, and introduces several views and reasons: the first opinion reclaims the act should be punished by Crime of Extortion; the second opinion argues that it should be punished by Crime of Swindling; the third opinion supposes that it should be punished by Crime of Insurance Fraud; the fourth opinion suggests that it should be punished by Crime of Intentional Destruction or Damage of Properties; the fifth opinion is that the gang under the suspect by Crime of Intentionally Endangering Public Security by Dangerous Means; the sixth opinion is that it should be punished by Crime of Negligently Endangering Public Security by Dangerous Means; the seventh opinion is that it constitute Imaginative Joinder of offences with Crime of Intentionally Endangering Public Security by Dangerous Means and Crime of Intentional Destruction or Damage of Properties, and should be confined by the most serious crime of Intentionally Endangering Public Security by Dangerous Means; the eighth opinion is that the behavior constitutes Implicated Offense with Crime of Intentionally Endangering Public Security by Dangerous Means and Crime of Intentional Destruction or Damage of Properties, should be punished a felony with Crime of Intentionally Endangering Public Security by Dangerous Means.The third chapter is theoretical analysis, which is the key of the thesis, including four sections: First section analyzes "touch porcelain" characteristic and frequent reasons briefly. Second section analyzes "touch porcelain" compared with dangerous means to endanger public security crime. Third section analyzes this behavior compared with infringe property crime. Fourth section analyzes number of the criminal behavior from the crime with imagined concurrence and the implicated crime.The fourth chapter is analysis of case. According to happen of crime, it analyzes several behaviors. And the thesis believes that the gang makes traffic accident purposely which constitutes Crime of Intentionally Endangering Public Security by Dangerous Means, the behavior of extorting money from other drivers and asking for compensation from insurance agents constitutes Crime of Swindling and Crime of Insurance Fraud respectively. Finally, it analyzes Crime Quantity of this case, and supposes that the behaviors of defendants should be punished by plural crimes including Crime of Intentionally Endangering Public Security by Dangerous Means and Crime of Insurance Fraud according to the theory of Implicated Offense.