The Research On The Objective Aspect Of The Crime Of Picking Quarrels And Provoking Troubles

According to article 293 of the Criminal Code ,Trouble creating offense have four aspects in the objective behavior,le:beating another vile;chase,intercept,aggravated abuse of others;strongly insist or take any damage,serious occupation of public or private property;stir trouble in public places, and causing serious disorder in public places.As in the Criminal Code,the behavior of the degree of the four provisions in the Trouble creating offense,le:what is that bad or serious,such circumstance are not to be clearly defined.Meanwhile Trouble creating offense with the others crimes which are in the Criminal Code are same or similar,such as intentional assault,robbery,intentional destruction of property crimes,gather together to fight crime,mob to disturb public places,traffic order etc.Resulting in the judicial practice,it is difficult to identify the crime,so it is often prone to two problems:first,there are difficulties to understand and identify is it a crime or not crime;the second ,it is difficult for understanding and definition of the Crime and the other related crimes. Based on these two issues, this paper attempts on the basis of existing legislation,discuss the related aspect of the Trouble creating offense .Try to make an offort to help the judicial practice.This paper is divided into three parts: the first part is briefly describe the history of the crime .The second part is the objective elements of the crime of creating trouble to study issues related to. Specifically,the first analyze the behavior of beating another person,mainly discuss on how to understand "at will""assault" and what is "serious" , also briefly discusses the behavior of people in the process of beating another of causing serious injury or death solutions.Secondly chase,intercept,abusve behavior of others were analyzed and gives her own views on how to understand the "vile" .Once again insist on strong to take any occupation destruction of public or private property,analyzing the behavior,and discussed how to identify the "vile".Finally, analyzed how to understand the "mob in public places",the provisions of the extent.The third part is the conclusion.This paper argues that theory about the crime and the chaos of the crime in practice just shows how difficult this crime ,but we can not because they are difficult to take "repealed Act" across the board. We can enhance learning and deepen understanding of this crime,judicial interpreatation, issued to enhance the operability of this crime.