Studying On The Criminal Application Of"Touch Porcelain" Behavior

There are a lot of problems today which is about the criminal application of “Touch porcelain”. The thesis analyzes the essence, characteristics, type of “Touch porcelain”behavior, and explores the necessity of “Touch porcelain” behavior in the criminal regulation.For “Touch porcelain” behavior under different scenarios, not “one size fits all”, should be based on the specific case, to be evaluated separately,according to the constitutive elements of crime. To analyzes Fraud, it mainly from three aspects of the “deceit” identification, the victim heart finds and triangle fraud. To analyzes Extortion, it mainly from two aspects of the “threatening” behavior identification and the criminal object. To analyzes Traffic Accident Crime, it mainly from four aspects of the field of application, the legal result,causality, and subjectivity. To analyzes The Crime of Endangering Public Security with the Dangerous Method, it mainly from three aspects of the “public security”identification, other dangerous method” identification and subjectivity. Finally, it discuss two special problems about “Touch porcelain” behavior. If the behavior infringes different legal interests, it should be punished according to cumulative punishment. In the Criminal gang, The criminal responsibility shall not be held by the others, if the behavior lead to the partner casualties.Desirable to provide some reference of the subject for the judicial practice, to better judicial justice, to achieve the unity of criminal culpability.