The Research Of The Crime Of Creating Disturbances

The crime of creating disturbances, a kind of crime derived from Crime of Hooliganism, the 160 Article of Penal Code of 1979, is a common crime and difficult to grasp in judicial practice. For one thing, it is due to the ambiguous interpretation of legislative norms of the Criminal Law, the vague boundaries between and itself and other similar crimes, thus extremely becoming a new kind of"pocket crime"because of its broad and unclear property. For another thing, judicially speaking, it can attribute to varied comprehension and criteria of implementing it for different parties. Based on the need of theoretical research guiding practices, the author analyses this crime from the following four perspectives.In Chapter I, the author mainly probes into the composition of this crime including the following points:As to the object of this crime, the author puts forward his viewpoint that the object of this crime is public security by analyzing the legal rights of protection in foreign countries and several viewpoints about the object of this crime in our country.As to the objective factors, the author paraphrases the four modes of conduct and its plots in detail for the sake of being taken as a reference in judicial practice. Meanwhile, the author advances the ascertainment of the cause and effect of this crime and believes that the assumptions of the cause and effect of this crime in legal norms include direct and indirect ones as well as decisive and common ones.As to the subject of this crime, the author holds that the ringleader and active participants among those who commit this crime should be punished, thus narrowing the scope of the object of this crime.As to the subjective factors, the author stresses the criminal motive which is, in essence, the defiance of the codes of conduct which are confirmed by the mainstream culture of the society and should be observed in the social interactions.In Chapter II, the author deliberates the differences between committing this crime and not doing so by making a definition from the perspectives of the nature of this crime and measurement of penalty for this crime. The nature of criminal acts should be taken into account before the determination of the nature of this crime. Measurement of penalty, in essence, lies in the judgment of endangering society and infringing on the legal rights and the extent of threats. Only when the criminal acts have reached to the point of investigating and fixing criminal liability can it be applied to this crime.In Chapter III, the author makes a detailed distinction between the crime of creating disturbances and other similar crimes: the crime of willful and malicious injury, the crime of compulsory indecently assaulting and humiliating women, the crime of pillage, the crime of intentional destruction or damage of properties, the crime of assembling a crowd to disturb order at public places and the crime of affray included.In Chapter IV, the author discusses the quantities and patterns of the crime of creating disturbances and studies some issues of the one and plural crimes committed by one person or group and the inchoate crime in this field.