The Research On Some Questions 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. Although the crime of creating disturbances is a kind of circumstances crime, circumstances like "arbitrary", "severe", "vile", "severely disturbing" and so on are so vague that the boundary of the crime of creating disturbances is unclear in judicial practice. This situation is disadvantage to understanding creating disturbances. So it is necessary to study its actions on external aspect, to qualify its formal, confirm relation with "arbitrary", "severe", "vile", "severely disturbing". Thereby to settle difficult creating disturbances crime or not, distinguish creating disturbances from similar crime, make certain its criminal form. Based on the need of theoretical research guiding practices, this article trying to use basic criminal law theories, according to the 293 Article of Penal Code and judicial explain, combining practice questions and puzzles in judicial practice, deeply study the crime of creating disturbances for help to judicial practice. Beside of the forward part and conclusion part, the article includes three parts:Part one is actions of the object aspect about the crime of creating disturbances. In this part, the author mainly study on four actions of the crime:Random beat other people, circumstances vile; chase, intercept and abuse others, circumstances vile; take any damage, the occupation of public and private property, circumstances severe; gather together to create trouble in public places which cause a serious breach of public order.Part two is the cognizance of the crime of creating disturbances. In this part, the author deliberates the differences between committing this crime and not doing so. 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.Part three is the patterns of the crime of creating disturbances. The author mainly discusses the quantities, patterns and joint crime of the crime of creating disturbances.