The Legislative Research On The Affray-type Of Stir-up-trouble Crime

Stir-up-trouble Crime is one of the most common offenses in thegrassroots judicial practice, which most common manifestation is affray-type.It’s hard to distinguish the affray-type of stir-up-trouble crime fromintentional infliction of injury and assault in Public Security AdministrationPunishment Law. Its statute described in the indictment is too vague causecrime or judicial practice, blurring the boundaries of this crime and sin,making it suitable for a long-term distress justice theory and practice ofcommunity problems, and to provide the chance for the unlimited expansionof judicial power. While in accordance with the principle of inflicting aheavier punishment for a serious crime can distinguish this crime and sin,but it brings doctrine of severe punishment and judicial doctrine appliesfuzzy, will lead to variations in practice. And the crime of intentional injuryand the affray-type of stir-up-trouble crime defining principles for supplementary clauses of concurrence relations, in accordance with the "basic regulations better than the supplementary regulations", the imbalancewill result in sentencing. Therefore, under the existing legislative framework,it is difficult make a clear definition of the affray-type of stir-up-troublecrime, but the offense also failed to achieve complete protection of citizens’personal security. It is suggested turning affray-type of stir-up-trouble crimeinto battery crimes, and setting it to be handled upon complaint, while fullyprotecting the personal safety but also to prevent unlimited expansion ofjudicial power.