Practical Analysis Of Crime Of Picking Quarrels And Provoking Troubles

Crime of picking quarrels and provoking troubles which stems from the crime ofhooligan of the Criminal Code of1979is a new offense. Due to stir-up-trouble crime andother crime exists a certain degree of overlap on constitutive requirements, it is difficult toaccurately determined in the judicial practice, and it often causes confusion.Therefore, itis of great practical significance to analysis the boundaries between it and other similarcrimes, and define the crime and illegal conducts. There are six parts in the paper asfollows:The first part mainly discusses the concept and constitutive elements ofstir-up-trouble crime. According to the basic theory of crime constitution and incombination with " Supreme People’s Court, Supreme People’s Procuratorate on criminalcase law applicable to disturb Interpretation of Several Issues", The paper is from fouraspects of crime of picking quarrels and provoking to systematically analyze it.From the second to the fifth parts, the cases of "Kang Mou crime of picking quarrelsand provoking troubles case"，"Zhang Mou Mou crime of picking quarrels and provokingtroubles case","Wang Mou Mou crime of picking quarrels and provoking troubles case","Bin Mou Mou crime of picking quarrels and provoking troubles case" are analysis theconnection and boundaries between crime of picking quarrels and provoking troubles andthe crime of intentional injury, crime of extortion, intentionally damaging property crimesand robbery from the constitutive elements of subjects, objects and objectices aspenct.The sixth part mainly through "junior high school student suspected postingdisinformation been under criminal detention cases" to discusses the cohesion of crime ofpicking quarrels and provoking troubles and Public security case.