What kind of behavior is touching porcelain in society?

What is the act of touching porcelain? In judicial practice, the crime of fraud is generally characterized. In an indictment published by the People's Procuratorate of Pidu District, Chengdu on July 28, 2021, it can tell us the answer very well.

Basic facts of the case

On August 2, 2016 and January 8, 2019, respectively, defendant Yang Linlin (pseudonym) defrauded the owner of the car Wang X of 10,000 yuan and the car owner of the car of 8,000 yuan by pretending to be hit by a car and causing injuries in the back garden of Pidu District, Chengdu City. Defendant Yang Linlin has now returned 3,000 yuan to the victims Wang XX and Zhang XX 2,000 yuan, and has obtained the forgiveness of the two victims. On July 17, 2019, the staff of the back garden property in Pidu District, Chengdu City, reported to the Xipu Police Station of the Pidu District Bureau of the Chengdu Municipal Public Security Bureau that they had intercepted the person suspected of porcelain fraud, and the police rushed to the place to arrest the defendant Yang Linlin, and the defendant Yang Linlin confessed to the crime.

The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful, which is sufficient to determine the facts of the accusation. Defendant Yang Linlin had no objections to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment.

Prosecutor's Office's view

Defendant Yang Linlin, for the purpose of illegal possession, fabricated facts to defraud others of property, the amount of which was relatively large, and his conduct has violated the provisions of article 266 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he shall be investigated for criminal responsibility for the crime of fraud. After defendant Yang Linlin was brought into the case, she truthfully confessed her crime, which was a confession, and she may be given a lighter punishment in accordance with article 67 of the Criminal Law of the People's Republic of China. Defendant Yang Linlin is a first-time offender, actively compensates the victim's losses and obtains forgiveness, voluntarily admits guilt and accepts punishment, and has discretionary mitigating circumstances, and it is recommended that defendant Yang Linlin be sentenced to one year imprisonment, with a two-year suspended sentence, and a fine of 5,000 yuan.

Lawyer's statement

Porcelain touching generally meets the constitutive elements of the crime of fraud, and criminals often defraud victims of money by pretending to be injured or pretending to lose property. However, in some cases, some porcelain encounterers specifically touch porcelain drunk drivers, taking advantage of the fear of drunk drivers who dare not report the case to ask for money. Such an act may constitute the crime of extortion.

Although the crime of extortion and fraud may both occur in the act of touching porcelain, the characterization of the two is different. If you cheat money from the other party, if the amount of money you ask for is small, such as a few hundred yuan. Then it is often not up to the criteria for filing a case.

However, the crime of extortion is different, if the perpetrator has committed the act of extortion, even if he does not ask for money, he still meets the crime of extortion, but it is often characterized as an attempt.

Personally, I feel that touching porcelain in society is generally a slanderous behavior, and these people who touch porcelain also want to get a lot of money, which is very hateful.

Touching porcelain in society is a kind of fraud, because they use some means to blackmail others, causing property losses to others, and the behavior is very bad, so this kind of behavior must be severely punished.

Touching porcelain is a kind of fraud, and it is an act of using traffic laws to commit fraud, which is very wrong.

"Touching porcelain" is a manifestation of fraud and crime, which seriously disrupts social security and social order. According to Article 49 of the "Public Security Administration Punishment Law": Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Touching porcelain is a manifestation of fraud and crime. In life, we must put an end to the occurrence of this kind of thing, call the police in time, improve the awareness of prevention, and don't be deceived.

It should be a crime to obtain the maximum benefit at a small cost.

This is a very dangerous behavior that has the potential to cause serious harm to yourself and others, so you should never do it.

Porcelain bumping refers to the act of pedestrians or cars staring at the street for vehicle collisions in order to obtain compensation. If you encounter a bumper, the best thing to do is to stay calm, keep yourself safe, and keep relevant evidence as much as possible.

If the other party expresses that they want compensation and makes reasonable demands, we can communicate with the other party, reach an agreement, and complete the compensation as soon as possible after the fact. If the other party's request is unreasonable or excessive, we may refuse and choose to retain relevant evidence, such as taking photos or videos.

If the other party uses rude or threatening language, or uses violence or threats against us, we should immediately report to the police to protect our own safety and rights. In addition, in the case of suspected porcelain collision, we can also choose to avoid or stay away from it to avoid unnecessary risks and disputes.

I haven't encountered porcelain touching during driving for a while, but in our daily driving, porcelain collision is a relatively common thing, especially on crowded city roads. The so-called porcelain touching refers to the fact that some people take advantage of vehicle accidents to obtain ill-gotten gains. When we encounter a porcelain toucher, we need to keep calm and keep relevant evidence, communicate rationally with the other party to avoid conflicts, and solve the problem according to the rules and do not negotiate to solve these three points.

1. When we encounter a porcelain toucher, we must first keep calm and keep evidence. When we encounter a porcelain toucher, we must first be calm. If you panic at this time, you may make inappropriate words and deeds, which will be unfavorable to yourself.

Therefore, it is very important for you to stay calm after encountering the porcelain toucher. While staying calm, you need to keep relevant evidence. This is the most effective means to safeguard one's own interests, and one must do it and do it well, 2. When communicating with porcelain touchers, we must remain rational and avoid contradictions.

When someone touches porcelain, they will inevitably have to communicate with each other. At this time, you must stay sane and communicate effectively. The reason why I say this is because only when I do effective communication, can I deal with problems correctly, avoid conflicts with porcelain touchers, and better protect my own interests.

3. We must solve the problem of touching porcelain in accordance with regulations, and do not negotiate to solve it. When encountering the situation of porcelain collision, we must deal with it in accordance with the regulations, and must not negotiate to solve it. The reason why I say this is because it is easy to bring about the consequences of the other party's entanglement through negotiation, which is extremely unfavorable to oneself.

The correct approach should be to establish contact with the relevant parties and have them come forward to solve the problem in accordance with the regulations. This can not only solve the problem properly, but also avoid the occurrence of entanglement of porcelain touchers in the future, so this is the best way to deal with the problem of porcelain touching.

I have a friend who has shared with me the journey of touching porcelain, and I will briefly describe it for your reference. Touching porcelain is a speculative behavior with low cost and high profits, and if you don't get any money, you will only be educated by the police at most. In order to make money successfully, my friend usually observes the working environment to step on the spot to make sure that at an intersection where the speed is not very fast, after all, the speed of the car will be killed.

The second is to choose a good season, the ground is hot in the summer, and it will not be long to lie down. In addition, there are no cameras (neither on the car nor at the intersection), so that there will be no evidence for people who touch porcelain. And there is generally no camera at the intersection, far away from the city center, even if the police traffic police take a long time to come, generally the people who are touched will consider the time cost, wait too long, delay things, will spend money.

Finally, when it comes to action, give preference to young female drivers of the sedan beam, and least consider older men; Closing Luyun with a pack of plasma can increase the chips that ask for money. Finally, you can also cooperate with a nearby repair shop, which specializes in selling tachographs, as long as you sell a single order, you will give a commission. Above.

Porcelain bumping is when someone deliberately causes a car accident on the road or deliberately looks for an opportunity for someone to hit them, and then makes a claim to get money. Touching porcelain is not only a violation of the law, but also an immoral act.

If you encounter porcelain, you should do the following:

1.Stay calm and don't panic. In the event of a collision, some people will react incorrectly because they are emotional, which will make the situation change and worsen.

2.Leave the evidence. If possible, photographs or videos can be taken to leave evidence of the porcelain toucher. This can support subsequent claims or legal proceedings.

3.Don't settle it privately. If the porcelain toucher asks for a private settlement, refuse their request. Resolving it privately may put you in a more troublesome situation, or even extortion.

4.Contact**. If you encounter a porcelain, you should contact ** in time and let them deal with this matter. **There is a special handler to deal with the incident of porcelain bumping.

In short, in the event of a porcelain encounter, we should remain calm, leave evidence, do not solve it privately, and contact ** in time. In this way, you can protect your rights and interests, and you can also make the roads safer and more orderly.

Analysis of legal staring: "touching porcelain" is essentially a form of fraud and crime. It has seriously disrupted public order and social order. Therefore, the Law of the People's Republic of China on Public Security Administration Penalties and the Criminal Law have relevant provisions.

Legal basis: Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages the private property of a public or public servant shall be detained for between 5 and 10 days, and may be concurrently fined up to 500 yuan, and if the festival is heavier, he shall be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 yuan.