新型“碰瓷”行为的刑法定性

On the Definition of the New Type Driving-Racketing Behavior According to the Criminal Law

新型"碰瓷"行为具有独特的行为对象、方法、目的、结果以及结构。以索财为目的,以醉驾者为行为客体,驾车碰瓷行为属于敲诈勒索的预备行为,系间接目的犯:行为构成故意毁坏财物罪与以危险方法危害公共安全罪的想象竞合犯,应当从一重罪论处;既实施了驾车碰瓷的手段行为,又实施了敲诈勒索的目的行为时,属于直接目的犯:故意毁坏财物与敲诈勒索属于狭义的包括一罪,仅以后罪论;行为最终构成敲诈勒索罪与以危险方法危害公共安全罪的实质竞合犯,应当数罪并罚。

the new type driving racketing behavior has unique behavior object, method, result, Purpose, and structure. for money , with drunken drivers as behavior object, racketeer driving behavior perpetrating act of extortion, indirect purpose made： behavior constitutes intentionally damaging property crime and crime of endangering public security with dangerous method imagination of the competition, we should he punished as a felony. Already implemented a racketeer means driving behavior, and the implementation of the objective behavior of extortion, belong to the direct purpose, made intentionally damaging property and racketeering belong to narrow sense including one sin, only after the crime theory. Eventually make crime of extortion and endangering public security with dangerous method the essence of the competition full of crime, should be combined punishment for several crimes.