A Study On The Puzzles Of The Crime Of Provocation

The crime of provocation is a common crime in current judicial practice.It’s alsoa contentious crime in both theory research and judicial practical. The criminal lawamendment (eight) in2011have modify the crime of provocation, not only increasedthe “intimidate” behavior, and increased “troublemakers muster others to provocationfor many times”, and raised the legal punishment, increase the fine penalty. Thispaper tries to analyze some difficult problems of the crime of provocation, especiallythe changes of criminal law amendment (eight), through the case analysis,comparative analysis and other methods to clarify the confusion of this crime, hopingto put forward some ideas and suggestions of this crime.The first chapter analyzes the first difficult point, namely the understanding ofthe “intimidate” behavior which the criminal law amendment (eight) increased. Thischapter mainly analyzes the background and significance of the “intimidate” behavior,to definition the “intimidate” behavior, and to make a comparative study with existingbehavior.The second chapter analyzes the second difficult point, namely the understandingof the second paragraph of the crime of provocation. First of all, make a legal analysisof the second paragraph from three different ways; Secondly, analysis “troublemakersmuster others to provocation for many times” one by one; Finally, analysis thesignificance of increasing the legal punishment.The third chapter analyzes the third difficulty point, namely the understanding offine penalty of the crime of provocation. It’s mainly illustrates the necessity ofincreasing fine penalty, analysis the pros and cons of “could be fined” expression offine penalty. And the author thinks the first paragraph of crime of provocation should also apply to fine penalty in order to achieve the purpose of apply fine penalty, andconnecting with the provisions of the law on public security administrationpunishments.The fourth chapter analyzes the fourth difficulty point, namely making findingsof personal injury. Firstly, the crime must do harm to the social order, regardless ofwhat kind of ways he take; Secondly, analysis the conviction and sentencing whichcaused physical injuries such as minor injuries, serious injuries and death.The fifth chapter is a quest of the crime of provocation in the future. Through theanalysis of the need for this crime, the author thinks that the crime of provocation isnot only necessary, but also has the same legal status with crime of intentional injury.Future development of the crime of provocation shall be both clarity and simplicity,according with the nature of the crime, and solve a series of problems which can’t besettled now.