Research On The Crime Of Picking Quarrels And Provoking Troubles

The crime of picking quarrels and provoking troubles is a new accusation separated from the crime of hooliganism stipulated in the"Criminal Law"of year 1979 when the criminal law was revised in 1997. Because the crime of picking quarrels and provoking troubles has conceptual disputes, undefined diction of lawful articles, lacks of concrete explanations comparatively and even has fuzzy demarcation line between it and other accusations, there are relatively serious disputes existing in the determination of the crime in the judicial practice: non-unified knowledge exists among the public security organizations, prosecutorial organizations and people's courts in a same region, and the practice of the judicial organizations of all the places across the country is also non-unified, which leads to the different treatment of the cases of same circumstances and influences the authoritativeness, uniformity and fairness of justice, and infringes upon the legal rights and interests of the citizens as well, so it is necessary to re-examine whether or not the crime of picking quarrels and provoking troubles has the value for itself to exist independently. This article, through the analysis of the defects existing in the current legislative stipulations on the crime of picking quarrels and provoking troubles, through the textual research on the fact that there is no related domestic and overseas legislation, through the assessing of there being lack of independent crime committing in the crime constitution aspect, and through the re-thinking of the conviction puzzle in the judicial practice, arrives at the conclusion that the crime of picking quarrels and provoking troubles violates the scientific principle & definiteness of criminal legislation and shall be abolished; and then further proposes the program ideas for the crime's decomposition and supplementary measures after it is abolished.