Qualitative Analysis Of “Driving Pengci”Case

"Driving Pengci" refers to intentionally commit a crime victim behaviors people use when driving a motor vehicle may be in violation of road traffic management regulations, to take advantage of their mistakes intentionally making a false accident, thereby defrauding the compensation act. With the continuous development of the transport industry and the rapid growth in the number of private cars, more and more such cases, and many more gang crime, there have been many "professional Pengci party." Due to the special nature of his case tools, instruments and other hidden features, social harm is much greater than the general Pengci behavior, on the "driving Pengci" This type of case should be determined what charges, there have been a lot different in practice co contracting situation, but in theory there are a lot of controversy. In judicial practice, the outcome of the trial courts in different parts of similar cases are different, resulting in a lot of "codefendant different sentence" situation. In view of this situation, this article from "drive Pengci" characterization of the behavior of the start, some analysis of its difficult point of contention, and give their recommendations to comply with the statutory crime and criminal culpability to adapt the principle of upholding the law authority.This paper discusses the drive to Pengci qualitative issues through three sections:The first part of the case are introduced. Lin endangering public safety by introducing the crime of extortion and three of Liu et al., Comparison of the relevant facts of the two cases and judgments of the courts of different facts and grounds, a clear focus of controversy in such cases, for the case of the focus of controversy the article will be endangering public safety and extortion for analysis.The second part of the analysis of cases caused by legal problems. Combining two "drive Pengci" case, the article analyzed separately from a crime of endangering public safety and extortion. The first is the crime of endangering public safety for analysis, for "public safety" and "dangerous method" analysis, clearly endangering public safety Elements of the crime. Then analyzed for extortion, compared to its fraud, robbery distinction, and the relationship between the authorities intervene and extortion established clear criteria conviction. The last two cases were re-examine the decision.The third part of the conclusions and thinking derived from the case. When on the "driving Pengci" conduct qualitative, should follow the principle of unity of subjective and objective, depending on circumstances qualitatively. Implicated punishment and apply the principles of endangering public safety "driving Pengci" case, characterized as Implicated of endangering public safety and crime against property category, from a heavy punishment. Finally temper justice with mercy criminal justice policy, sentencing them.