Discussion On Legal Principles Of The Crime Of Picking A Quarrel And Making Trouble

Based on the constitutive elements of crime theory ,this thesis carries on discussion and analysise of the crime of picking a quarrel and making trouble in four parts within its frame by means of theoretical research of law science on the background of philosophic theory of the department law.Chapter one takes a careful analysis of the conception and charactcers of the crime of picking a quarrel and making trouble by starting with its behavioral characterizing, and on the basis that history is compared , it puts forward pointedly that the guilty discipline to picking a quarrel and making trouble is clined to the protection in social law benefit, with the purpose to protect the social public order.Chapter two describes the motive legislating, the choice of the legislative functions, the realization of the legislative purposes .and it described criminal law norms of the crime and then points out that its standardized system of the criminal law is a structural system of the combination of Article 293,Criminal Law with other relevant criminal law articles and non-criminal law articles. They are all one of the key elements of the structural system of criminal law norms of this crime, appeared in structural forms of the logic of the whole .On the basis of deep thinking in theory , Chapter three expounds the fact that hooligan consciousness is one of the code section with the random combination of the irregular brain wave,and it points out the slight differences of the same guilty being abominable and serious together in special circumstances.Then it points out that "at will"is the stream of consciousness of the outside-taking of the humam consciousness.