Highway Driving Touch Porcelain Qualitative Behavior

With the rapid development of China’s economy and the further improvement of openness to the outside world, with the growing disparity between the rich and poor, people’s mind of profit-seeking continued to be strengthened, so that many people began puzzling over ways to be rich overnight or get something for nothing. It was against this background that the phenomenon asking for money through driving touch porcelain occurred, and its trend had become ever more critical. "The driving touch porcelain " has many kinds of state, and in this paper I only do qualitative study on driving touch porcelain on the highway in order to benefits the judicial organs when dealing with similar cases. This paper consists of four parts:The first part is the basic situation of case, containing the cause of case, the introduction of case, controversial opinions and the focus of controversy,which clearly demonstrates the case.The second part is the legal analysis of related issues, mainly deeply analyzing the constituent elements of related crimes that involved in the present case and apply controversially in judicial practice, learning and grasping them, and understanding boundaries between them, so as to reach the purpose that dispute case can be properly identified. I argue that the essence of crime of fraud is that the victim has freedom of the will when disposing of property while he/she is cheated. Extortion includes the character of fraud——depending on doer’s subjective ideas, taking money by cheating or threatening, and objective facts, whether the victim has free will when disposing of property. Public safety refers to most people’s personal safety and significant public or private property safety, and the latter requires the possibility endangering most people’s personal safety. Dangerous consequence is also a consequence, so, even there doesn’t come to real damaged consequence endangering public safety in indirect intent, such action is also accomplished form, which doesn’t violate the criminal law theory if one is convicted without real damaged consequence.The third part is the analysis and conclusion of the case. Based on the related conclusion from the legal analysis in the second part, I comprehensively analyze the case, and conclude that the five defendants in this case constitute both crime of fraud and crime of endangering public safety, and the two crimes are imaginative joiner of offense, so the heavier offense, namely, crime of endangering public safety with dangerous way should be chosen.The fourth part is the revelation of the case study. Through qualitative study on driving touch porcelain on the highway, we can know the crime that seemingly simple “touch porcelain” and money-taking violate is not certain. Therefore, the judiciary should pay more attention to methodology that dealing with problems case by case when handling cases, and faced with new crimes in practice, they should also handle cases in accordance with objective laws, instead that blindly take severe measures and try to wipe out crime thoroughly, which is never impossible. Although the criminal law has the characteristic of lag, the theories behind it are fundamental, which can include a wide range of new crime, thus criminal law doesn’t need frequent modified. For all types of new crimes in practice, the judiciary should infer other things from one fact and analyze people’s action with basic theory.