Analysis On The Case Of Fang Zhouzi Attack Case

The attack case of Fang Zhouzi has raised a new round of discussion of the crime of picking quarrels and provoking troubles in the criminal law theoretical cycle and judicial practice circle. The case not only distinguished the act of creating trouble from intentional wounding in condemnation, but also make acts of creating trouble represented by this case in the form of random assault become the research hot spot. Random assault is a kind of objective behavior of the acts of creating troubles. But the elements for establishing this kind of behavior still have many ambiguous problems. To this end, the author will respectively discuss and expound the elements of the crime of picking quarrels and provoking trouble in the form of random assault. The infringed object in this crime is the social order or the public order as well as the personal safety, and its duality determines that this crime is independent of the legislative position and application range of other crimes. The paper firstly analyzes the views constituted random, then interprets "random" the perspective of combing subjective random and objective random, and investigate the elements of the crime of picking quarrels and provoking trouble in the form of random assault. The elements include the behavioral place, the behavioral pattern, behavioral object, and the grasp of "bad plots" Then, the paper analyzes the two mainstream views and opinions in dealing with this case. Especially, it interprets the relationship between the crime of picking quarrels and provoking trouble in the form of random assault and intentional injury as well as why this case is determined as for the crime of picking quarrels and provoking trouble. It also comprehensively assesses the judgment result of the attack case of Fang Zhouzhi. Finally, based on the analysis of this case, the paper provokes the thoughts of the author for the relationship between judiciary and public opinion. It is suggested that the public opinion play the role of supervising the judiciary to prevent the abuse of judicial power and improving the judicial acceptable degree. At the same time, it is also necessary to avoid moralization of laws and the juicialization of the social problems by the public opinion, and the new judicial injustice phenomenon. The public opinion can be carefully and orderly introduced into through formulating normative system approach and concrete operation mode, so as to achieve a win-win situation between public opinion and judiciary and form a more orderly, and more normative legal environment.