On "Physical Harassment" Stir-up-trouble Crime

Crime of picking quarrels and provoking troubles decomposed from hooliganism of the Criminal Law which was promulgated in 1979. According to the constitutive elements, it is divided into four aspects by the Criminal Law. However, it lacks definition of the Crime of picking quarrels and provoking troubles in the Criminal Law, the NPC and its Standing Committee, the Supreme Court and the Supreme People’s Procuratorate did not make appropriate legislative or judicial interpretation either. So, the cognize of Crime of picking quarrels and provoking troubles is different in judicial practice in different in various regions."Physical harassment" cause trouble protects specific legal interests, freedom of action reputation and liberation, of unspecific person or everymen in their social life. In judicial practice, it needless to cognize rogue motivation the cognizance of "Physical harassment type" Crime of picking quarrels and provoking troubles. When legal interpret this kind of crime, it needs to firmly grasp the law criterion in distinguish crime or non-crime, and in the process of cognizance this or that crime as well. Although a judicial interpretation issued to this crime was in 2013, many legal issues are eager to be solved which exposed in judicial practice. For instance, the highly set of prison term, the ambiguously explanation to some terms, etc..