Study On Cirme Of Picking Quarrels And Provoking Troubles

Crime of picking quarrels and provoking troubles is a Chinese unique crime, it was acrime name separated from the section160in "Criminal Law" of year1979’s “hooliganism”in1997, also a common and multiply crime in the judicial practice. In the "Criminal Law" ofyear1979, because of the hooliganism crime’s law stipulates is very general, the plot area cannot be accurately determined, so it was called pockets crime by the legal workers. It was notdenial fact that Crime of picking quarrels and provoking troubles heritages the disadvantageof the hooliganism crime, because special history make it become a new pockets crime. Thesedefects are reflected Crime of picking quarrels and provoking troubles the cognizance of theplot, if the circumstances are flagrant, if the circumstances are serious, serious chaoscircumstances as a guilt that standard, meaning there fuzzy, to understand different problemssuch as the plot, which makes the plot is difficult to be accurate and the distinction betweenthe conviction of crime and his sin standard, thus to the judicial practice to bring a lot ofbondage, the impact of the judicial fairness, impartiality, authority. Therefore, the criminallaw on the theoretical circle of stir-up-trouble crime to keep or discussion. In this paper, thehistorical development of the crime domestic and international legislation criminal constitutesthe introduction of analysis element aspects, listed in the concept of the offence are notuniform, the legal provisions of the wording is not accurate, the plot standards are not uniform,the drawbacks, from the criminal its trouble in the crime suppression and light punishment ofcriminal policy perspective is the starting point of view, should be abolished. This paper candivide into four parts:In the first part of this paper, this part introduces the concept of Crime of pickingquarrels and provoking troubles historical origin and the purpose of legislation. At presentdomestic scholars about Crime of picking quarrels and provoking troubles different opinionon the concept, the central issue is the main cause trouble behavior depends on whether crime"if the circumstances are flagrant, serious" and take place in a "public"; Crime of pickingquarrels and provoking troubles is by article160of criminal law in1979the hooliganismcrime separation, is Chinese unique charges. At present in other countries and without the same charges, but there are similar charges such as disrupt public order offences as well. It isalso for Crime of picking quarrels and provoking troubles unique historical origin, inevitableinherited the hooliganism crime."Defects do" some defects, and the judicial workers callednew "defects do"; The reason that has this law of criminal law, stipulate all sorts of crime, itall is to protect specific benefit, the hooliganism crime is no exception. So it was calledpockets crime by the legal works. Disturb the crime analysis of the four patterns of behaviorof the293provisions of the1997Penal Code, introduced the controversial scholars in theprotection of legal interests of the offense.In the second part of this paper, this part analysis the Crime of picking quarrels andprovoking troubles four elements theory, and introduces the different opinion of the scholarsand the existence of the dispute. The theory of crime and the entire system of punishment lawsystem occupies the core status. The mainland legal system country crime theory thoughtgenerally the constitutive requirements compliance violations, duty, sex is established threeelements of the crime. But in China the crime constitution theory mainly comes from theformer Soviet union. Our country criminal law theory tong said that the constitution of crimeis the provisions of the criminal law, the response of some behavior is harmful to the societyand its degree, and was established for the behavior crime must have the objective andsubjective factor all elements of the organic whole. Mainly including four aspects: the objectof the crime, crime objective, the subject of crime, subjective aspect of the crime. The crimeis a crime formed the judgment standard, is the sin and he sins judgment standard. Currentlyin crime of picking quarrels and provoking troubles that scholars on the controversy still. Thisis also known as the new "inappropriate" one of the causes of the defects do.In the third part of this paper, this part presents crime of picking quarrels and provokingtroubles with the sin, sin number problem, and his guilty differences existing in the judicialpractice of a series of problems. Crime of picking quarrels and provoking troubles and thePeople’s Republic of China Public Security Management Punishment Law to the generalillegal provoking troubles behavior in concept more similar, but far from nature. It also givesthe judicial practice that both created difficulties; Crime of picking quarrels and provokingtroubles itself "if the circumstances are flagrant, serious" to the legal standard of the relative lack of authority judicial explanation, though the related law all over, but varies across, itwent against the law and unity of the equity; In breaking Crime of picking quarrels andprovoking troubles at the same time, how to deal with his toes sin, the supreme people’s courtand the supreme people’s procuratorate and no relevant judicial explanation, the controversystill; Through the list of judicial practice real cases, to show that Crime of picking quarrelsand provoking troubles objective performance easy and deliberately assault, coerciveindecency and insulting women sin and insult crime, robbery, racketeering crime,intentionally damaging property crime, all the fighting crime, gathered to disturb the socialorder and confused crime.In the fourth part of this paper, this part presents the crime of picking quarrels andprovoking troubles the development trend of the different opinions. At present our countrycriminal law theory about the futures of crime of picking quarrels and provoking troubles,there are two major kinds of viewpoint: first is to continue to exist, but should publishrelevant judicial explanation be perfect; Second be crime of picking quarrels and provokingtroubles shall be invalidated. The author of above crime of picking quarrels and provokingtroubles in theory and the judicial practice in the analysis of the problems, and adhering to theausterity of criminal law and criminal law the light punishment development trend, the authorin favor of repeal said, and puts forward the solution to this crime after the abolition.