Affray And Criminal Acts Of Illegal Empirical Investigation

In recent years, With the public exposure of "Fang attack case", "Qin Fire Fire Case" and other cases of trouble, the crime of making trouble which is also called "small pockets crimes" has received widespread attention of the scholars and been discussed again. Although the legal regulation of disturbing behavior in China has been improved continuously, but there are still some problems, such as whether there are requirements of subjective motivation for the crime, criminal law does not make this provision explicitly; and how to judge the degree of trouble in the plot,such as to what extent the circumstances are serious or vile, which did not have the appropriate judicial interpretation, still needs further confirmation, yet the criminal law has not made it specifically, and also. From the legislation point of view, intentional assault and affray crime are not only in different locations in criminal law system, but also their criminal statements have significant differences. Intentional assault is described as "intentionally causing bodily harm," and criminal disturbance is described as "random assault ", which led people make many different interpretations of "casual", "assault", "vile". According to relevant regulations, there is an important boundary for the criminal disturbance to judge whether the circumstances are serious or not. The essence of harmful crime to the society is judged by the extent of the destruction. Although criminal law has been clearly stipulates, it is difficult to define the criteria for the vile and the meaning of "casual", to distinguish between illegal and crime and to define that standard of social order, but now there is no correlation legal norms and judicial interpretation which can standardize its content, so in judicial practice standards identified inconsistencies. The trouble in handling the case of a co-exclusive penalty phenomenon is more prominent.Through the analysis of affray behavior of legal regulation problems, the main cause of the problem are: affray constitutes of Key Element random and the subjective space of arbitrary definition is large; the legal interests is not clear; the relevant laws and regulations are not clear at the same time, which have more seed treatment and disturbing public opinion influence on the behavior of trouble when the referee’s case and so on. To disturb the behavior of regulation, "Criminal Law",disturbing the crime, which is known as "small pockets crimes" in China’s in the "Security Administration Punishment Law" also has a fallback provisional specified properties. In order to clarify its meaning and better judicial application, whether as a punishment for a crime, "Criminal Law", or as the main punishment illegal "Security Administration Punishment Law" and relevant judicial interpretations for affray behavior regulation has been stipulated, especially by 2012’s "Criminal Law Amendment(eight)" and the 2013 "high", "trouble handling criminal cases concerning the Application of the interpretation of the law" is to disturb the crime again which can be modified, interpreted, and further improved on aggressive trouble behavioral regulation laws and regulations. But the law has a lag, which inevitably cause problems in regulating behavior during the trouble.Based on affray behavioral problems of legal regulation during the judicial practice and their causes were analyzed, mainly from several aspects of the trouble to further improve the legal regulation behavior: First, improving the convergence of the criminal law and "Security Administration Punishment Law"; the second is to clearly disturb the crime of constituent elements, such as a clear violation of legal interests trouble aggressive behavior and aggressive type of trouble explicit conduct; third is to improve legal punishment magnitude disturb the crime; Fourth improve regulatory trouble behavior related judicial interpretation.