The Research On Some Questions Of The Crime Of Creating Disturbances

This paper begins at analyzing the difference between defiance and affray crime andblackmail by violence, focusing on how to characterize the death caused by defiance andaffray crime and how to identify the behavior beyond the limit, discussing the qualitativeanalysis and sentencing of this kind of behavior in case of “Zhou Mou,ect affray”, in order toplay a guiding role in this kind of behavior in the judicial practice,so as to accurately crackdown criminals and maintain a good social order.The full text is divided into six parts：The first part: the cause of the case, the defiance and affray case of Zhou Mou,ect.The second part: presentation of the case, it introduces the detailed process of defianceand affray of Zhou Mou,ect.The third part: disputes of this case.The fourth part: it presents the major disagreements. The main differences are: Does thebehavior constitute defiance and affray crime, or blackmail? How to characterize the deathconsequences caused by Zhou Mou? Is the killing behavior of Zhou Mou in the process ofdefiance and affray beyond the limit?The fifth part: a jurisprudential analysis. This part has a detailed theoretical study of thedisagreements in the third part. Firstly, it discusses differences between defiance and affraycrime and blackmail by violence on the aspects of criminal means, criminal objective,criminal object, ect. Then, it discusses that the transforming crime is legal, and defiance andaffray crime does not exist converting and imaginative joinder of offenses, the problems ofthe nature and the necessities of committing several crimes, as well as how to define thebehavior beyond the limit, and whether the behavior of killing people to death in defiance andaffray is beyond the limit.The sixth part: comprehension of the front portion of what have been said, it summarizesthe focus of controversy and disputes in this case.