Legal Issues Research Traffic "Touch Porcelain" Behavior

With the rapid development of economy and transportation, the society appeared anew kind of illegal behavior, namely traffic "touch porcelain" behavior. This paperdiscussed "porcelain" behavior in the traffic field of "porcelain" behavior, notincluding aviation, waterway transportation field, however it is very concealmentwhich is determined by the diversity of its form of expression and means. If thetraffic "touch porcelain" happened frequently, not only seriously affect the normaltraffic order, but also cause some property damage to the victim, what is more, it mayeven harm the majority or unspecified person’s life and property in a certain extend. Inpractice, we should decide " touch porcelain " responsibilities based on the nature ofthe action of traffic " touch porcelain ", such as civil liability, administrative liabilityand criminal liability. But in theory and in practice, there are different views andissues related to the qualitative behavior of traffic "touch porcelain",especially thedetermination of crime, which causes confusion about the qualitative of such cases inpractice, even may damage the authority of the law. In order to solve this problem,author analyzes the qualitative of traffic " touch porcelain " and related issues in thispaper, focusing on the analysis of crime after the qualitative, and gives somesuggestions. Author hopes that it can contribute to the handling of traffic "touchporcelain" behavior.The first part, author extends connotation of traffic "touch porcelain" behaviorfrom the connotation of the "touch porcelain" behavior, then makes us have acomprehensive understanding about "touch porcelain" behavior through discussing itscharacteristics, manifestation and the understanding of the comprehensive traffic"touch porcelain" behavior. From the current situation, legal qualitative two aspects oflegislation and judicial status of the status quo on traffic " touch porcelain " behavior,analysis of the existing legal qualitative behavior of traffic " touch porcelain "problem. The second part plays the focus on the legal character of "touch porcelain"behavior. First of all, author makes us have an understanding of the conflicts whichexist in the legal nature of the action of traffic " touch porcelain " and its reason.Secondly, the author start to analyze the traffic "touch porcelain" behavior from threeaspects including the tort, administrative law, criminal crime. First, it analyzes theconditions to constitute a tort of traffic "touch porcelain" from the constitutiverequirements of tort analysis. Second, the article expounds the components of theadministrative law, and analyzes some cases which "touch porcelain" behavior mayconstitute a administrative illegal. Third, this paper explains traffic "touch porcelain"behavior from the crime of fraud, extortion, intentionally damaging property, trafficaccident crime, crime of endangering public security with dangerous method. Tomake them distinguish easily among these confused charges, not "make it rigidlyuniform" with a charge to evaluate the behavior of traffic " touch porcelain ", thequalitative behavior of traffic “touch porcelain” should be a concrete analysis ofconcrete problems.The third part, author analyzes the specific legal responsibility which the "touchporcelain" should bear, for example the civil liability, administrative liability andcriminal liability. First of all, we analyze the principle and methods of civil liabilityand which the " touch porcelain " should bear. Second, the article analyzesadministrative responsibility which the "touch porcelain" should bear. Moreover,author also analyzes the criminal responsibility of "touch porcelain" bearing. In thecriminal responsibility, we should consider the numbers of crimes and sentencing.Here, author analyzes the relationship respectively between the traffic "touchporcelain" behavior and imagine competing crime, involved crime, then analyzes thecriminal responsibility of sentencing from the principal crime accessory accompliceunder duress, and voluntary surrender, meritorious service of "porcelain".The fourth part, the author expounds how perfect the " touch porcelain " behavior from two aspects of legislation and the judicial system, and hope tocontribute to the behavior of traffic " touch porcelain ".