“驾车碰瓷”类案件的定性分析法律专业论文.docxVIP

Qualitative analysis of “driving Pengci” case Abstract 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 enda