"random Beatings" Type Specification Interpretation Stir-up-trouble Crime

The Crime of Picking a Quarrel and Making Trouble derives from the crime of hooliganism. Because of the ambiguity of its constitutive requirements and its relations with other crimes, the justification of the crime has been criticized and it is being labeled as "the crime reveals the whole". It is of great importance to clarify the legal interests and constitutive requirements of this crime. There are some similarities between the four offenses under the crime of picking a quarrel and making trouble. The random assault kind of offense has significant representation, so this article draws its main concerns on this offense.This article tries to analyze this offense under the dual perspectives of theory of value-ontology-relationships and legislation-justice. It undertakes its task along three main parts:normal value, constitutive requirements interpretation and judicial practices:First chapter:theory of value:the normal value of the offense of "random assault" under the crime of picking a quarrel and making trouble. First it tackles the justification of this offense, analyzing the normal value and its position in the legislative and confronting the idea of abolition of this offense. Then it proposes that this crime has a complementary character and its existence in our current penal code has its normal value.Chapter two:ontology-the interpretation of the constitutive requirements of this crime. This chapter mainly deals with the subjective and objective constitutive requirements of this crime and it asserts that the constitution of this crime does not involve intention or motivation. Then it deals with the normal value of circumstance crime and the relation between light offense and felony under the presumption of temper criminal policy with mercy.Chapter three:on relationships-the judicial identification of the crime. This chapter mainly deals with the relationships between the crime of intentional harm and the crime of picking a quarrel and making trouble under the perspective of justice. In the spectrum of light offense, the crime of picking a quarrel and making trouble is complementary to the offense of intentional harm. If the harms excel light offense, the relationship between the two crimes is competing, and only one crime can be convicted.The attempted assault reveals a dilemma in judicial practices. If the crime of picking a quarrel and making trouble can be admitted, it can serve the function of sanctioning those offenses of attempted assaults.