Research On Stir-Up-Trouble Crime

In August2013,"qin huo huo" and "li er chai si" was arrested by Beijing police onsuspicion of committing stir-up-trouble crime and the crime of illegal business. The case hasput the" stir-up-trouble crime" in the forefront. The "1979criminal law" provisions the crimeof hooliganism. The "1997criminal law" abolished the crime of hooliganism, and set upstir-up-trouble crime. The "criminal law amendment (eight)" in2011expands the connotationof stir-up-trouble crime. In2013,"the explanation of applicable law in dealing with libel andother criminal cases by using the Internet" extends the scope of stir-up-trouble crime to thenetwork environment. The laws and regulations about stir-up-trouble crime has constantlyimproved.The object of stir-up-trouble crime is the social public order, including personal rightsand public or private property rights. How to understand the concept of object wascontroversial."Random" on the one hand, refers to the subjective random, who want to bit aperson bit a person, on the other hand,random is a random behavior, that is the random choiceof the object crime places and tools. The public place refers to the sites that most people canaccess to, and it is the place for everybody to learn, live, work, and entertain. The Explanationextends the scope of stir-up-trouble crime to the network environment.The difference between stir-up-trouble crime and the intentional injury crime lies mainlyin the "random" of objective aspect. The beating type of stir-up-trouble crime requires therandom of beating behavior; intentional injury crime’s injure behaviors are done in a specificpurpose, and aim at a particular object. The difference between stir-up-trouble crime androbbery lies in the purpose and the degree of violence. Stir-up-trouble crime’s purpose isdamaging the social public order, and purpose of robbery is the illegal possession of propertyof others. Stir-up-trouble crime needs to have a certain mandatory, and does not require to thepoint that the victim cannot revolt. But the degree of violence of the robbery usually needs toreach the level that the victim cannot resist or dare not.Although the supreme people’s court and the supreme people’s procuratorate issued "the explanation of applicable law in dealing with libel and other criminal cases by using theInternet", but there are still some problems on the applicable, such as how to determine the"the severity of disorder of society", in what serious cases by using internet can applystir-up-trouble crime. As it can be seen from the judicial cases, the judicial organs wait for theprocessing result by using the stir-up-trouble crime under network environment and theresults are very different.