Judicial Determination Of The Crime Of Picking Quarrels And Provoking Troubles

As we all know, as an existing Criminal Code’s new charge, the crime of pickingquarrels and provoking troubles is separated from the crime of hooliganism which is acharge in1979Criminal Law. It is an important performance improvement andprogresses of China’s criminal legislation. But in judicial practice identified for thiscrime still has many problems. In this paper, the author identifies the crime of pickingquarrels and provoking troubles in depth analysis starting with a real case of C districtin Chongqing.The paper is divided into five parts, and main content of the various parts are asfollows:The first part is the cause of action. It is a case of Song et al stir-up-trouble.The second part is basic facts. In this part the author elaborates the case of Song etal stir-up-trouble in detail.In the third part, based on the case, the author generalizes, refines and lists thefocus of the case which is how to punish the Song’s acts.In the fourth part, from the point of view of theoretical and judicial practice, theauthor refines the theory of Criminal Law researched. Account of the qualitativedifferent opinions in the Song’s case and their reasons clearly. The first opinionreputes that Song’s acts constitute the crime of picking quarrels and provokingtroubles. The second opinion reputes that Song’s acts constitute the crime of disturbedthe social order. The third opinion reputes that they violate the crime of intentionaldestruction or damage of properties and the crime of willful and malicious injury(light damage), and they should be combined punishment for these two offenses. Afterthat the work is recapitulation all reasons.The last part is arrival at a conclusion. In this part, the author discusses twoquestions.1. Recounted the constitutive requirements of the crime of picking quarrels andprovoking troubles and its difference with other three charges. In this paragraph, theauthor analyses the crime of picking quarrels and provoking troubles, the crime ofdisturbed the social order, the crime of intentional destruction or damage of propertiesand the crime of willful and malicious injury. Then compare the difference between them.2. Based on the previous discussion, through further analysis and concluded thatSong’s acts constitute the crime of picking quarrels and provoking troubles.