On The Four Behaviors Of Crime Of Picking Quarrels And Provoking Troubles And Its Judicial Determination

Crime of picking quarrels and provoking troubles is a crime in the category ofcrime related to disturbing social order management in China’s1997Criminal Law,which is decomposed from hooliganism set in Article16of1979Criminal Law.The lawmakers trying to decompose the original hooliganism "pocket crime", makethe new set crime more specific and definite to avoid the random fuzzy method tothe content of the conviction and sentencing and thus to make sure theimplementation of the basic principles of statutory crimes.However in the judicial practice, there are disputes in convicting crime ofpicking quarrels and provoking troubles which is also called as small "pocket crime".The disputes are mainly from below two aspects: one is that the lawmakers used thewordings like "evil" and "serious" to describe the crime which lead to the extremeuncertainty of crime of picking quarrels and provoking troubles. Such uncertaintycauses the inconsistency in understanding; And the second is that some judicial staffslack the deep level understanding to the legislation principle of crime of pickingquarrels and provoking troubles which causes the operation one-sided.The writer is a policewoman that in all kinds of alarm for help, over one third ofwhich are fights and picking quarrels and provoking troubles. But in the practice,the writer found that the judiciary and law-executor often have big concerns andvague understanding on four types of the objective aspect of the crime, especially fortype one and type two requiring the circumstances are wicked. And type three toconvict crime requires the circumstances are wicked and type four require that suchact must causes public social order serious disordered. However the judicial organdoes not have a clear standard on determining the evilness and seriousness. Due to the lack of the standard, it causes the deficiency in judicial practice and it is verydifficult to differentiate the crime of fights and picking quarrels and provokingtroubles from other crimes. It is not good for effectively defeat the serious fights andpicking quarrels and provoking troubles.This article intends to correctly understand and grasp the characteristics of thecrime of fights and picking quarrels and provoking troubles. The article focuses inanalyzing the four types of the crime of fights and picking quarrels and provokingtroubles based on the provisions of the criminal law and the judicial interpretation,the case study and research results to analyze the behavior characteristics of thecrime of flights and picking quarrels and provoking troubles and the focuses andtroublesome in judicial practice. The article also bases on this year newly enactedjudicial interpretation to set criteria to wicked and serious circumstances andseriously disturbing public social order and in meanwhile to articulate the lawapplication issues in the crime of fights and picking quarrels and provoking troubles.By this mean, in essence the four types of crime of flights and picking quarrels andprovoking troubles are systemized and well-ordered to solve the frequent occurredissues in judicial practice.The first part is to trace the history of the crime of flights and picking quarrelsand provoking troubles and current research results in China to card the developmenttrack of hooliganism, the crime of fights and picking quarrels and provoking troublesand newly enacted judicial interpretation.The second part focuses in analyzing the judicial determination in objectiveaspects of the crime of flights and picking quarrels and provoking troubles. Itdetailed analyze the vague understandings of the four types of the objective parts offlights and picking quarrels and provoking troubles and combine the judicialinterpretation and provisional regulations to point out the deficiency of currentdetermination criteria of current laws and express own understanding in grabbingwhat is wicked circumstances, serious circumstances and disturbing public socialorder to solve the obstacle in judicial determination of the crime of flights andpicking quarrels and provoking troubles; The article applies the case studies in elaborating the crime of flights and picking quarrels and provoking troubles andsimilar crimes to make sure the nature of the crime of flights and picking quarrelsand provoking troubles correctly, reasonably and clearly in the scope.The third part is to list the forms of the crime of flights and picking quarrels andprovoking troubles in judicial determination and analyze the crime forms and act ofcommon crime beyond intentional conduct in judicial determination.Part four is for abolishment opinions for legislation in crime of flights andpicking quarrels and provoking troubles. Since the legitimate rights are overlappedbetween the crime of flights and picking quarrels and provoking troubles and othercrimes, it is not necessary to set the separate crime as the crime of flights and pickingquarrels and provoking troubles to protect such legitimate rights. By eliminating thecrime of flights and picking quarrels and provoking troubles could eliminating thedisorder in judicial practice.