The higher people's courts, people's procuratorates and public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, the production and Construction Corps Branch of the higher people's Court of the Xinjiang Uygur Autonomous Region, the people's procuratorates and public security bureaus of the Xinjiang production and Construction Corps:

In recent years, the phenomenon of "touching porcelain" has occurred from time to time. The so-called "touching porcelain" refers to the behavior that the perpetrator illegally demands property by means of fraud, extortion, etc. by deliberately creating or fabricating the false impression of his being killed. In practice, some lawless elements create or fabricate others to cause damage to their lives and property by "setting up a bureau"; Some people falsely accuse the victim by self injury, causing injury to their accomplices or making use of their own original injury; Some deliberately create traffic accidents by taking advantage of the victim's violation of road traffic regulations, drunk driving, driving without a license, incomplete motor vehicle procedures and other illegal acts, which are implemented through the victim's fear of being investigated; Some of them directly carry out illegal and criminal activities such as robbery, snatching, intentional injury, etc. against the victims after the "porcelain touch" behavior is found out. Such illegal and criminal acts are of a bad nature, have serious harmful consequences, corrupt the social atmosphere, and are prone to breed Mafia and evil forces, with strong repercussions from the people. In order to punish the illegal and criminal activities of "touching porcelain" according to law, protect the legitimate rights and interests of the people and maintain social order, these opinions are formulated in accordance with the provisions of the criminal law, the criminal procedure law, the public security administration punishment law and other laws.

1、 Those who practice "touching porcelain" to fabricate facts, conceal the truth and defraud compensation in accordance with the provisions of Article 266 of the criminal law shall be convicted and punished for the crime of fraud; Those who defraud insurance money in accordance with the provisions of Article 198 of the criminal law shall be convicted and punished for the crime of insurance fraud.

Those who practice "touching porcelain", fabricate the fact that their personal and property rights and interests have been infringed, fabricate civil disputes, and file civil lawsuits, which comply with the provisions of article 307-1 of the criminal law, shall be convicted and punished for the crime of false litigation; If at the same time other crimes are constituted, the offender shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.

2、 Anyone who commits one of the following acts to extort money or property from others and complies with the provisions of article 274 of the criminal law shall be convicted and punished for the crime of extortion:

1. committing minor violence such as tearing, pushing and shoving, or soft violence such as besieging, blocking, tracking, clinging to, disturbing, pestering, rioting, rallying, and detaining property;

2. deliberately causing a traffic accident, and then using the victim to coerce against the violation of road traffic regulations or other illegal acts;

3. threatening to disclose the privacy of the party at the scene;

4. threatening to infringe upon the person and property of the victim and his near relatives.

3、 Whoever, by "touching porcelain" and using violence, coercion or other means to rob others' property on the spot, complies with the provisions of Article 263 of the criminal law, shall be convicted and punished for the crime of robbery.

4、 Whoever steals or seizes another person's property by means of "touching porcelain", such as diverting attention or taking advantage of people's unpreparedness, which conforms to the provisions of articles 264 and 267 of the criminal law, shall be convicted and punished respectively for theft and robbery.

5、 Whoever intentionally causes damage to property of others by "touching porcelain" in accordance with Article 275 of the criminal law shall be convicted and punished for the crime of intentionally destroying property.

6、 Whoever, by "hitting the porcelain", drives a motor vehicle to chase, collide, crowd, intercept, or suddenly accelerate or decelerate, or brake other motor vehicles, which may affect traffic safety, thus causing a major accident, causing serious injury or death, or causing heavy losses to public or private property, and complies with the provisions of Article 133 of the criminal law, shall be convicted and punished for the crime of traffic accident.

7、 Whoever intentionally kills or injures another person or negligently causes serious injury or death for the purpose of "touching porcelain" in accordance with the provisions of articles 232, 234, 233 and 235 of the criminal law shall be convicted and punished respectively for the crime of intentional homicide, the crime of intentional injury, the crime of negligently causing death and the crime of negligently causing serious injury.

8、 Those who illegally deprive another person of his personal freedom or illegally search another person's body by means of illegal detention in order to obtain money or property, in accordance with the provisions of articles 238 and 245 of the criminal law, shall be convicted and punished respectively for the crime of illegal detention and the crime of illegal search.

9、 Those who jointly and deliberately commit the crime of "touching porcelain" and play a major role shall be recognized as the principal offenders and bear criminal responsibility for all the crimes they participate in or organize and command; Those who play a secondary or auxiliary role shall be recognized as accomplices and given a lighter or mitigated punishment or be exempted from punishment according to law.

A relatively fixed criminal organization formed by three or more persons to jointly and deliberately commit the crime of "touching porcelain" shall be recognized as a criminal group. The ringleaders shall be punished according to all the crimes committed by the group.

Those who meet the criteria for the identification of underworld and evil forces shall be investigated, prosecuted and tried in accordance with criminal organization, evil forces or criminal groups of evil forces.

10、 If the practice of "touching porcelain" does not constitute a crime, but constitutes a violation of public security administration, it shall be subject to public security administration punishment according to law.

People's courts, people's procuratorates and public security organs at all levels should handle cases in strict accordance with the law, strengthen cooperation and cooperation, and promptly handle, accurately determine the nature of and severely punish the illegal and criminal acts of "touching porcelain". First, we should promptly carry out investigation and disposal, arrest approval, prosecution and trial in accordance with the law. After receiving the report, accusation or tip off, the public security organ shall rush to the scene immediately, stop the violation and crime in time, properly protect the scene of the case and control the perpetrators. For those who meet the conditions for filing a case, timely carry out case filing and investigation, comprehensively collect evidence, obtain the monitoring video of the scene of the case, collect the testimony of the witnesses on the scene, verify the information of the persons and vehicles involved, and timely conduct investigation in parallel cases. The people's Procuratorate shall, as soon as possible in accordance with law, approve the arrest and prosecution of a "touch porcelain" case submitted by the public security organ for approval of arrest or transfer for examination and prosecution, if it meets the conditions for arrest and prosecution. The people's court shall try the "touch porcelain" case in a timely manner according to law. If a crime is constituted, the criminal shall be investigated for criminal responsibility in strict accordance with the law. Second, we should strengthen cooperation and cooperation. The public security organs and the people's procuratorates should strengthen communication and coordination, solve the problems of case characterization, jurisdiction and evidentiary standards, and ensure the smooth handling of cases. For difficult and complicated cases, the public security organ may listen to the opinions of the people's Procuratorate. If supplementary investigation is really necessary, the people's Procuratorate shall make a clear and detailed outline of supplementary investigation, and the public security organ shall supplement the evidence in time. The people's courts should strengthen their judicial power and try cases strictly according to law and fairly. Third, we must strictly implement the criminal policy of Combining Leniency with severity, and implement the system of pleading guilty and admitting punishment with leniency. It is necessary to comprehensively consider such factors as the magnitude of subjective malignancy, the means, methods, harmful consequences and the role played in the case, so as to treat them differently. The ringleaders of the "touch porcelain" criminal group, the criminals who actively participate in it and the criminals who refuse to mend their ways after repeated education should be severely punished according to law as the focus of the crackdown. If a criminal whose nature of crime and harmful consequences are particularly serious and whose social impact is particularly bad, though having discretionary leniency, is not enough to be lenient, he shall not be lenient punished according to law. Those who have surrendered, rendered meritorious service, confessed, pleaded guilty to punishment and other circumstances shall be dealt with leniently according to law. At the same time, we should accurately grasp the legal scale, and pay attention to the distinction between the illegal crime of "touching porcelain" and ordinary civil disputes and administrative violations, so as to prevent the occurrence of "degrading treatment", but also prevent the problem of too large a blow. Fourth, we should strengthen publicity and education. In the process of punishing such crimes according to law, the people's courts, people's procuratorates and public security organs should strengthen the publicity and education of the legal system. While handling cases according to law, the people's courts, people's procuratorates and public security organs should, as appropriate, disclose to the public the means and methods of "touching porcelain" crimes through news media, wechat official account, microblog and other forms, and guide the people to strengthen their awareness of self-protection. In case of such cases, they should report to the police in time and safeguard their legitimate rights and interests according to law. A number of typical cases should be publicly exposed in due time. Through the interpretation of cases, criminals should be effectively deterred and a good legal environment should be created in the whole society.

All localities and relevant departments should conscientiously implement it. In case of any problem during the implementation, please report it to their respective superior authorities in time.

The Supreme People's court the Supreme People's Procuratorate the Ministry of public security

September 22, 2020