Research On The Death Of "touching Porcelain"

This paper begins with the case of "porcelain bumping" causing death,i.e.,the case of "Deng and others porcelain bumping case",clarifies the existing problems and the focus of controversy.The focus of the dispute in this case includes two aspects: one is the qualitative issue of obtaining illegal interests through "porcelain bumping";the other is the qualitative issue of the accomplices' death caused by "porcelain bumping".In the face of these two controversial issues,we need to interpret the legal issues involved in the case with the help of some existing research theories.The first point of contention involves how to distinguish the circumstances between extortion and fraud.The key to distinguish these two crimes is to analyze the means used in the conduct of the perpetrators and the psychological reason of the victims out of when they delivering their property.The former results in involuntary delivery under coercion and fear,and the latter results in voluntary delivery under deception and cognition errors.In practice,there may even be a combination of these two crimes.On the issue of the nature of the accomplices' death caused by “porcelain bumping",the key is to make sure that: the theory of incidental risk of crime cannot be established,the personal rights and interests of the accomplices are also protected by the law,and the victim's commitment is limited in scope and rules out giving up life.The author distinguishes the crime of negligent homicide from the crime of indirect intentional homicide through the obvious differences between cognition factor and will factor,from which draws to the conclusion that the remaining accomplices shall be investigated for the crime of negligent homicide.On the base of the reasonable explanation on these issues,the author summarizes some questions worth considering.For example,the recommendation to introduce victim's commitment into the Chinese criminal law suitably.