A Research On The Laws Applied To Crimes Of Picking Quarrels And Provoking Troubles In Group Violence Cases

In recent years, with the deepening reform of Chinese economic system and the quickening pace of social transformation, various social problems caused in the process of social transformation have become unusually obvious. Criminal cases of violence occur constantly, and especially group violence cases, which lead to minor wound, serious injury and even death, appear the rising trend year by year. In judicial practices, a large number of people are involved in those cases, the criminal suspects cannot make an appearance at the same time, evidence collection cannot cover the whole process of the crime, which brings a severe challenge to the trial to such cases. Therefore, the crime of picking quarrels and provoking troubles is declared in some cases in which the law has no alternatives but convicts the criminal of this crime. As a result, it's of great significance for the theory and judicial practices of criminal law to do a deep research on the laws applied to the crime of picking quarrels and provoking troubles in group violence and comprehensively compare it with any other related crimes.The thesis is divided into three parts, to analyze the related issues about the crime of picking quarrels and provoking troubles from different points of view.The first part: this thesis begins with the concept of the crime of picking quarrels and provoking troubles, and analyses the source of law, the original intention of legislation, basic characteristics, and the laws on such criminal cases made by other countries. This chapter analyses the basic issues on the crime of picking quarrels and provoking troubles in order to lay a foundation to the application of the laws to the crime of picking quarrels and provoking troubles in some complicated and knotty cases.The second part: the conviction of the crime of picking quarrels and provoking troubles. This chapter does a comparative study on the crime of picking quarrels and provoking troubles and crime of intentional injury (minor wound), crime of intentional injury (serious injury or death), crime of affray, crime of pillage, crime of disturbing social order so as to reveal the differences and relations between the crime of picking quarrels and provoking troubles and other related crimes and provide a comparatively objective and stable rule of the application of the law.The third part: on the basis of having a general understanding of the concept of the crime of picking quarrels and provoking troubles and the relation with other crimes, this chapter puts focus on the application of the laws to the crime of picking quarrels and provoking troubles in group violence cases and the characteristics of group violence cases, the difficulties and problems in dealing with those cases and how to properly apply the law on the above difficulties and problems.