| The word " Touch Porcelain" comes from the northern dialect,the first to use is in the late Qing Dynasty. At that time,some of the declined Eight Banners’ juniors often hold a "valuable" porcelain(actually a fake) walking in the streets,and then catch a chance to be deliberately knocked by a running carriage. The porcelain in hands immediately drop down and break. So these people will openly request the owners to compensate as the price of rare porcelain,basically,the owners in a hurry will pay the money without hesitation. It is said that the success rate is very high. Over time people call this kind of behavior " Touch Porcelain". With the development of social progress, " Touch Porcelain" phenomenon also evolves. Since the 21 st century,variety of " Touch Porcelain" behaviors make people dizzying,and gradually evolve into gang crime,clear division of labor and so to make a living, formed a professional " Touch Porcelain" Party. Especially in recent years,with the rapid development of the automotive industry, the number of motor vehicles rises exponentially,And " Touch Porcelain" phenomenon occurring within the automotive sector often costs a large amounts,and there is likely to endanger the safety of human life,at this point it is important to get legal norms.In this paper,I’d take the " Touch Porcelain" case of Li、Tang who drives a motor vehicle for example,and make a study and discussion about how to determine the behavior of " Touch Porcelain" in a car accident combined with the facts and legal theories. The full text is divided into four parts, a total of about sixteen thousand words.The first part:The basic circumstances of the case. This section includes the cause of action, the case introduction,the differences of opinion and the focus controversy four areas. Mainly to introduce the criminal process of "Touch Porcelain" by Li and Tang and other four driving a motor vehicle on the highway,and the processes the judicial organs deal with this case and the ruling of the People’s Court. account their behavior constituting the crime of endangering public safety,but there are different views how to determine the behavior of Li and Tang et al,lists the possible offense and the reasons the perpetrator may constitute,Eventually extract the focus of controversy of the case.The second part:the Legal Analysis of related issues. This is the focus of this article,Consists of three parts,The first is the " Touch Porcelain" behavior of Li and Tang et al in this case against public security or not,Which describes the definition of public safety, " Touch Porcelain" behavior whether belongs to “Other methods” in the crime of endangering public safety、the Damage results of The crime of Against public security;then analyzed what charges Li and Tang and others " Touch Porcelain" by the behavior as a means "Touch Porcelain" 、 for the purpose of money,Including the crime of endangering public safety, negligence, endangering public crime, fraud, extortion;Finally, analysis several crimes of the case,Demonstrate both from Implicated and Imaginative Joinder.The third part:analysis and conclusions of this case. Summary analysis qualitatively from the "Touch Porcelain" behavior, take fiscal behavior, crime number three aspects of the case. Finally concluded,The perpetrator in this case constitute fraud and Implicated the crime Against public security in a dangerous way,From a felony punished。The fourth part:the Inspiration of this case. Through research the crime of endangering public safety, crime and the number of violations of criminal property issues,Put forward my views about how to determine the behavior of "Touch Porcelain" :Consider the subjective factor of the perpetrator while conviction,and also consider objective factors such as way of crime, location, etc,uphold the principle of the principle of legality, insist unity of subjective and objective. |
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