Analysis Of The Stir-Up-Trouble Crime In Legal Application

Since the promulgation of the new criminal law in1997, Stir-up-trouble crime emerges as a new crime. Comparing with the hooliganism promulgated in1979, it makes people shine at the moment. The semanteme of hooliganism is fuzzy and generalization, but the Stir-up-trouble crime defines the objective constituents by four kinds of behavior methods. It makes Stir-up-trouble crime more scientific and reasonable under the guidance of the principle of a legally prescribed punishment. However, Stir-up-trouble crime is the decomposition and inheritance of hooliganism. In the four kinds of behaviors, such as, optional beating others; chasing, intercepting and abusing others; forcibly taking away, demanding, or willfully damaging or seizing public or private property; creating a disturbance in a public place, stir-up-trouble crime has a big approximate behavior as the crimes of mayhem, pillage, extortion, intentional destruction, etc. It makes a big difficulty for us to distinguish crime from noncrime or this crime from that one. But there isn’t related provisions and judicial explanation about whether stir-up-trouble crime considering actor’s rogue motives, having a reason, what if the circumstances is flagrant. Therefore, judges play much more subjective initiative in the trial. However, judges’theoretical level and moral qualities are uneven. This must affect people’s precognition for the law when they doing something.The emergence of this lawsuit make the stir-up-trouble crime become the discuss focus of the broad scholars again, which has suspicion of the "Bag crime". The general public concern how to distinguish stir-up-trouble from malicious injury effectively, how to punish the guilty and make the crime criminal law effectively. Only effectively punishing criminals can play the purpose of the criminal law, can make the law be people’s behavior criterion, can make the cri-mianl law play the last security role, can be people’s faith.The key of this paper is mainly about scholars’ big controversy between stir-up-trouble crime and malicious injury in the case of Chuanguo Xiao. Specifically, they are the analysis of subjective and objective characteristics and the origin of stir-up-trouble crime, the difference and relevancy between stir-up-trouble crime and malicious injury. By exploring Chuanguo Xiao’s case, in order to make sure judicial practice be "Strict and not wide" and "wide and not idle" in future, to make the criminal law give full play to ensure the national security and function of social stability, to give play to the best effect of people’s livelihood security.