"strong Stubbornly Type" Stir-up-trouble Crime Research

The crime of stir-up-trouble is apart from Rogue crime in1979Criminal Law. People often be confused by the crime with the non-crime, this crime and that crime.Those because that in judicial practice, the crime itself broad provisions and people have different cognizance standards about this crime. It is often called the "pocket crime". This" random beat type " and the importunity type" are the most obvious types. Therefore, based on the above situation, there is a need for different types of the crime of stir-up-trouble. And this Article will write" importunity of defiance and affray crime type" to undertake a deep analysis, in order to get a systematic understanding, clear defiance and affray crime history and the nature of the crime, to distinguish types of defiance and affray crime characteristic, to clarify the definition standard of the crime with the non-crime, this crime and that crime, thus it is beneficial to improve the level of judicial practice.The crime of stir-up-trouble research focus on three aspects, the first aspect is that it should not be qualitative as "pocket crime", from the legislation,it does not have to sexual expression way probability to prove that it is a "pocket crime", from infringement, laws already has clear view object determined by means of the object of the crime which is social public order, although the scope of public order is hard to determine, but it can not be a sin for the qualitative of "pocket crime"; The second aspect is to "the importunity type "stir-up-trouble crime on the characteristics of the depth excavation, from subjective analysis, this crime may have a variety of purposes or no particular purpose, but the rogue motive must be the investigation of the indispensable element. Objectively analysis, to "the importunity type " behavior "strong" and "hard" contain violence, and the degree of stress size also ruled the sin of plays a vital role. In addition to the more accurate conviction is the meaning of that we should have a strict interpretation to the "serious circumstance", and we can see through actual cases as the starting point of the definition of the method and the deficiencies of The Times as the starting point to the definition of the rationality of the method; The third aspect is to clear up the "importunity type "type stir-up-trouble crime easily confused with the relationship between the charges, especially in crime to compare the " the importunity type " type stir-up-trouble crime and robbery boundaries, and deepen our understanding of the" the importunity type " type stir-up-trouble crime.