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On Disturb The Crime

Posted on:2011-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:P Y LvFull Text:PDF
GTID:2216330368494453Subject:Law
Abstract/Summary:PDF Full Text Request
Crime of picking quarrels and provoking troubles is one of the new charges in article 293 of 1997 Crimil law. With the improvement of our criminal law, in particular the establishment of the principle of legality and popular, it counts on the relative accuracy of charges have become increasingly demanding, Crime of picking quarrels and provoking troubles is called pockets of crime ,as a charge whose extension and intension seems unclear, and even have believed as the most difficult to identify. Due to the limits of plot and extent , and the confusion between all kinds of the current behaviors and other common crimes in Crimil law indeed led to a certain extent, difficult to operate in judicial practice and confusion.The author believes that before the existing law has not been modified or made the right explanation, should be determined to maintain its authority. Moreover, the current situation is that too much legal research are out of the judicial practice, and nothing but the correct principle of law or even common sense.This paper attempts to survey of the domestic and international crime of picking quarrels and provoking troubles in criminal legislation, by analyzing its characteristics reveal its existence rationality, and give superficial view to the crime of picking quarrels and provoking troubles about difficult problems in practice, could be helpful to the judicial practice.
Keywords/Search Tags:Crime of picking quarrels and provoking troubles, constitutive elements, Characteristics, judicial cognizance
PDF Full Text Request
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