A Study On The Types Of "Pengci"Behavior And The Regulation By Criminal Law

With the frequent emergence of "Pengci" behavior in the current society,the voice of people to solve the problem of "Pengci" is very high.However,at present,there is no specific legal provisions and legal definition of "Pengci" in the Criminal Code and 10 amendments of criminal law of china.In practice,there is a lack of judicial interpretation of the criminal law on "Pengci",and different courts in different places also have different legal application to touch porcelain,and there are great disputes in the society.The incident of "Pengci," to drill into the legal gap occurred frequently,which not only damaged the legal dignity of our country,but also the stumbling block of the construction of the socialist country ruled by law in the new era.How to define and regulate the behavior of "Pengci" in criminal law is very necessary and has practical significance.In the criminal judicial practice of our country,there are several main charges such as"Pengci" as fraud,extortion,endangering public safety by dangerous means,robbery,insurance fraud and so on.Although it is difficult to classify and regulate accurately the criminal law of "Pengci",but the behavior of "Pengci" can not be generalized as one crime.It is necessary to violate different legal interests according to different acts of "Pengci",to carry out specific analysis of specific problems.The first part summarizes the basic problems of "Pengci" behavior.First of all,from the concept and essence of "Pengci" behavior,this paper describes the concept of"Pengci"and the existing problems and arguments about "Pengci".Secondly,this paper defines the behavior of "Pengci",excludes the behavior of "Pengci" which does not belong to the scope of criminal law,and clarifies the research goal.Secondly,it analyzes the constitutive elements of the five crimes of fraud,extortion,endangering public safety by dangerous means,robbery and insurance fraud respectively.Five cases of "Pengci",which are convicted of fraud,extortion,endangering public safety by dangerous means,robbery and insurance fraud,are introduced respectively,moreover,this paper analyze why "Pengci"behavior is convicted as fraud,extortion,dangerous methods of endangering public safety,robbery,insurance fraud crime of five charges.Finally,the article analyzes the number of crimes about "Pengci" behavior,the significance of distinguishing the number of crimes of"Pengci" behavior lies in the correct and accurate conviction and sentencing of the behavior of "Pengci".The second part discusses the current situation and reasons of the regulation of"Pengci" behavior in criminal law of china.Because of the stability and lag of the criminal law of our country,there is no clear charge of "Pengci" in the articles of criminal law,and the reasons are investigated.It seems that there is insufficient legislation to regulate the crime of causing traffic accident and endangering public safety by dangerous method.The third part introduces the foreign criminal law for the "Pengci" behavior of the legal regulation.Japan puts much important on the collection of evidence of "Pengci"behavior and carries out the propaganda of criminal law education;Singapore has imposed heavy penalties on "Pengci" and increased fines for property surcharges.Through introducing the successful experience of foreign countries,this paper argumentsthe behavior of "Pengci" should be regulated from three aspects:perfect legislation,judicature and increase the publicity of criminal law knowledge.The fourth part makes some legal suggestions on the regulation of "Pengci" in China.In legislation,it is suggested that the "Pengci" should be classified into legislation,and the corresponding judicial interpretation and guidance cases should be issued.In judicature,it is suggested that severe punishment should be carried out in stages,the burden of proof should be reversed,and the criminal evidence of "Pengci" should be strictly limited.In general law,it is suggested to increase the publicity of criminal law knowledge and to carry out lectures on the identification and prevention of "Pengci"behavior.