Studies On Stir-up-trouble Crime Of "Pockets Sin"

“Pockets sin” has been criticized by everyone, which is chronic administrationof justice in our country. Currently,“pockets” of charges are not healing of oldwounds but adding a new injury, and not only have historical problems, but also arebreeding new charges.“Stir-Up-Trouble Crime” which is provided in Section293inChinese “Criminal Law” which is from hooliganism in1979, is called “smallpockets sin”. In recent years, many hot cases,like “Xiao Chuanguo incitement toassault Fang Zhouzi case”,“Wenling child abuse case” etc, are vividly showing the“pockets” nature of Stir-Up-Trouble Crime, so it has been highly controversial. Sowe can see that “Pockets Sin” do not eliminate its impact of“Pocket”,Stir-Up-Trouble Crime is still “passing on their mantle”.The author try toanalysis the present situation of Stir-Up-Trouble Crime which is background withanalyzing “Pockets Crimes”, depth in the substantive issues of the“Pockets”,summarize the specification path of “pockets” of Stir-Up-TroubleCrime,and make a point on whether to abolition Stir-Up-Trouble Crime.The thesis consists of3sections,approximately31,000words. Each portion ispresented briefly as follow:Chapter1: This section of the main text is for introduction, including the concept,the features,the harm of “Pocket Sin”,and the current situation. This Chapter isdivided into three sections, the first section focuses on the concept and the characteristics of “Pocket Sin”,as there is not an unified view about thecharacteristics of “Pocket Sin”. The author account that the characteristics arepresented as following: Firstly,the statements of accusation is too vague and broad;Secondly,it is hard to distinguish this offenses form others;Finally,the appliance ofthis statue is uncertain. The second section is intended to analyze thereasons,backgrounds and hazards of “Pocket Crimes”as a reference. The last sectionis intended to figure out the current situation of “Pocket Sin”in our country.Chapter2: This section of the main text is for argumentation of “Pocket”ofStir-Up-Trouble Crime,including the concept,the legislation,and other issues of thiscriminal charge,so as to analyze the current situation and reasons of “Pocket”ofStir-Up-Trouble Crime on the basis.Chapter3:On the premise above, this chapter of the main content is to discussthe specification path of “Pocket Sin”and “Pocket” of Stir-Up-Trouble Crime,theconstituent elements of Stir-Up-Trouble Crime,and then to dissert the “crossover” ofthe motive and the objective behavior.Chapter4: This part of the main content is whether this criminal charge shouldbe abolished. The author hold the perspective that the ultimate way isdecriminalization of Stir-Up-Trouble Crime,on the basis of the dispute about thevalue of the abolition. We should abolish Stir-Up-Trouble Crime under the premiseof legality,and bring it into the other accusation in the specific provisions ofcriminal law or administrative penalties.