Research On Criminal Law Regulation Of Driving Racketeer On Behalf Of Others

Racketeer behavior has a long history,and the theoretical research on regulating racketeer behavior is improving day by day.However,in recent years,a new racketeer behavior combined with driving service has seriously endangered the personal and property safety of the public.Because the subject of the new racketeer behavior,the object of racketeer,and the behavior means have their particularity,the existing theoretical results are difficult to apply to them.Therefore,in order to better regulate racketeer behavior on behalf of driving,it must be analyzed step by step from its own particularity:At the macro level,the return to the law for the regulation of criminal behavior of systemic design as a whole,from the crackdown on touch porcelain actor unidimensional perspective of crime,to the "generation of driving behavior" "touch porcelain behavior" "drunk driving behavior" multiple actions such as the comprehensive improvement of the multi-dimensional perspective transformation: from the perspective of "generation of driving behavior",to the specification of generation of driving industry,set up strict drive access system,perfecting the generation drive business practices,strengthen the regulation of generation of driving industry,inhibit the generation of drive touched porcelain behavior from the source;From the perspective of "racketeer behavior",the definition of racketeer behavior for driving on behalf of the driver is made clear,so as to accurately apply the criminal law for conviction and sentencing.From the perspective of "drunk driving behavior",the crime path of drunk driving behavior is set to encourage the victim to expose the crime.At the micro level,in view of the problem of qualitative difficulty in acting as the driver of racketeer,acting as the driver of racketeer can be divided into three parts:abetting the drunk driving behavior of the person acting as the driver,driving in collision with the target vehicle,and illegally demanding property.Then,the possible crimes committed by each part of the behavior were confirmed,and the theory of the number of crimes was analyzed to finally get the crime sentenced,so as to complete the accurate characterization of the racketeer behavior on behalf of the driver.Specifically,racketeer ACTS on behalf of the driver in the case of no harm to public security,racketeer ACTS of abetting the drunk driving on behalf of the driver and illegalsolicitation of property is not implicated in the relationship between the crime of dangerous driving and racketeering or fraud should be punished together;In the case of endangering public safety,if the act of racketeer actor driving a car colliding with the target vehicle constitutes a crime of negligence,the act of driving racketeer on behalf of the driver should be punished with the crime of extortion or fraud and the crime of dangerous driving.If the act of racketeer actor in driving the vehicle colliding with the target vehicle constitutes an intentional crime,the act of driving racketeer on behalf of the driver should be punished with the crime of endangering the public in a dangerous way and the crime of dangerous driving.To sum up,in terms of how to regulate racketeer behaviors on behalf of drivers,it is necessary to construct a structural state of interaction and coupling between racketeer behaviors as the hub and the behaviors of driving on behalf of drivers and drunk drivers as the nodes,so as to effectively regulate racketeer behaviors on behalf of drivers.