The Criminal Qualitative Of "Touch Porcelain"

With the rapid development of society, "touch porcelain" behavior with its strong destructive and social harm gets more and more people's attention. The "Touch porcelain" social harm is great, shall be condemned and decried by the criminal law. However, circles on "touch porcelain" behavior about its criminal qualitative problem there are debated for a long time, and there are many kinds of voices about what charges it shall be recognized in the judicial practice. The author argues that the "touch porcelain" case of criminal qualitative problem cannot be one size fits all, but should particular case is particular analysis. Generally, it should be analyzed with the following factors:when, where, the road's situation, the offender's subjective intent, objective aspects of the consequences of an overall judgment. If the offender used threats and intimidation to persecute the victim means goods delivery, the case is identified as extortion sin or robbery according to its severity; If the offender used unreal facts, to hide the truth based on erroneous understanding and make the victim delivery property, the case shall be determined as a fraud; If the offender's "touch porcelain" behavior enough to endangers public safety, causing other no specific most people's legitimate rights and interests in danger of encroach on any possible state, it can be identified as the crime of endangering public security with dangerous means to, in accordance with a heavy involvement made from the principle, because here its method behavior (touch porcelain behavior) and objective behavior (for property), have implications. Such acknowledgment and processing of the criminal law not only does not violate the principle of legality, but also help combat the criminal, maintain social harmony and stability.