Stir-up-trouble Crime Objective Aspect And Judicial Cognizance

Defiance and affray crime from the1979Criminal law crime of hooliganism.Current criminal law in1997Criminal Law for affray crime elements in detail list,provided " free " assault ", chase, intercept, abuse of others "," take strong force orwillfully damaging, occupying public or private property "," in public places thetrouble " these four kinds of objective behavior. And in " criminal law " amendment(eight) to improve, add " threatening " the objective behavior, increased sentencinggrade and fined the supplementary punishment. But in the judicial practice, because ofthe case itself, complexity, crime always has multiple properties, as well as thepeople’s subjective awareness of the differences, in some cases often producequalitative differences. If the defiance and affray crime is separated from the crime ofhooliganism, inevitable has subjective " rogue motivation ", resulting in whether theactor for rogue motivation to distinguish defiance and affray crime behaviorassociated with the crime, it is obviously difficult to convince people. The authorthinks, according to the theory of criminal law, in our evaluation of the behaviour ofthe infringement of legal interest and the distinction between this crime and othercrime, should be based on objective elements for the foundation, namely from affraycrime objective aspect, strictly defined the behavior standards. In addition, article293rd of the criminal law for the objective behavior and the results of the describedusing a " casual "," arbitrary " and " vile"," serious"," serious" disruption of thesefuzzy words to cause confusion, judicial application, also need to further define theobjective behavior cognizance of points and limitations. On this basis, in order toavoid the defiance and affray crime objective behavior and many other crime there isa certain degree of cross and overlap, and confusion. More common is the defianceand affray and intentional injury behavior, robbery confusion. Also easy andblackmail and impose exactions on crime, crime of Forced Transaction Crime ofintentional damage to property, such as confusion, leading to the crime with thenon-crime, this crime and other crime to distinguish problem.So the author tries from theory on the basis of the research, combined with thejudicial practice in the typical and difficult questions of defiance and affray, objectiveaspects of the system are summarized, the types of defiance and affray behavior cognizance of points and constrained control measure, and similar crimes differentiatedifficulty. To elucidate the random beat others type of defiance and affray crime andthe crime of intentional injury difference; importunity of defiance and affray crimeand robbery, blackmail and impose exactions on crime, crime of forced transactiondifference; chase, intercept, abuse of others type of defiance and affray crime ofcompulsory indecency, and the crime of insulting a woman, the difference betweenthe crime of insult; and for any damage occupation of public or private property, thedefiance and affray crime and the difference between the crime of intentionallydestroying public and private property. In addition, the defiance and affray crime inthe minor criminal cases are a relatively common type of crime, for minor threat oruse of force a few mild violence property acts, have specific judicial interpretation.How to correctly define the mild violence and a small amount of property, clearconviction and not, as well as the defiance and affray crime and robbery divisionstandard, criminal law theory and judicial practice, there are still a lot of controversy;the action of the implementation of a variety of defiance and affray act, how to makecomprehensive assessment, are also in the judicial practice of defiance and affraycrime control difficulty. The author tries from its own judicial work in the case, toexplain his own point of view, think in the minor criminal cases should apply specialrules, strict division of defiance and affray crime of robbery, and does not constitute acrime cognizance standard. For the implementation of a variety of defiance and affrayact, should from the case the whole situation to consider whether to destroy the socialorder results. At the same time by the legislature made legislative explanation tocompensate for. Prevention of defiance and affray become another " pocket ". Theauthor of this paper in order to define the crime correctly in the judicial practice, toprovide practical help.