"Touch Porcelain" Case Study Of Qualitative Problems

Whether criminal law theory or the judicial practice departments about the "touch porcelain" cases all the qualitative full of controversy. The author of the of all kinds of material and read each access point and in-depth analysis of the scholars "touch porcelain", and finally sort out a relatively comprehensive qualitative ideas, in order to alleviate "touch porcelain" qualitative hard case situation, more telling blow and prevent "touch porcelain" behavior. In this article is divided into four parts, the first part is to "touch porcelain" itself as a largely in the paper. The part that the "touch porcelain", the origin of the meaning and the social harmfulness, here focus on "touch porcelain" meaning for a more detailed explanation, and then the author on the basis of the "touch porcelain" molecular existing commit crime means "touch porcelain" is divided into three types-manufacturing traffic accident type "touch porcelain", use disability body type "touch porcelain", use property type "touch porcelain", which make the traffic accident type "touch porcelain" and divided into "the person touch car" and "the thing touch car"; Use disability body type "touch porcelain" and divided into their own disability type and destroyed others type; Use property type "touch porcelain" and divided into use items type and using animal model. The next three parts with paratactic type structure, and in front of the classification of the three ACTS one same type, this basically is the author put forward in accordance with the "touch porcelain" case the typification of qualitative ways of listing, namely according to "touch porcelain" three kind of behavior type one by one to be qualitative. In discussing each kind of behavior type of qualitative problems, the author first according to each type of behavior in different situations have triggered the qualitative dispute better-managed view of scholars respectively, particularly here is three kind of behavior type has a racketeering and fraud crime said said the dispute of; And then you turn the scholars to view a detailed analysis of the land; Finally the author says whatever the behavior type "touch porcelain" and will appear to break a sin or sin number two kinds of circumstances, so from this two of three kinds of behavior to type in real life can lead to all sorts of consequences to one qualitative conclusions. Another of crime in the case in view of "touch porcelain" phenomenon too complex and qualitative is very much the same author will select one of the largest and most social harm influence of bad given case analysis:make traffic accident type "touch porcelain" someone touch car situation and things of car touch situations; Use disability body type "touch porcelain" have workers "touch porcelain" case and minors’"touch porcelain" situations; Use property type "touch porcelain" have a shop "touch porcelain" in the case of the farmer’s house "touch porcelain" case. Combined with the full text to see, only dig out the "touch porcelain", the essence of the qualitative will be an easy task.