The Discuss On Abolishing The Crime Of Picking Quarrels And Provoking Troubles

As the crime of dangering the social order,the crime of picking quarrels andprovoking troubles is often used in the judicial pratice. There are all sorts of strangethings phenomenon because of the lack of specific standards and abstract compositionof the crime in the judgment time.The rogue crime in the criminal law was cancelledbecause of the existence of "pocket crime", but now the defiance and affray crime isthe widening their scope,becoming the new "pocket crime".In judicial practice, thereare often situations that should be raleased but finally convicted or constitute a crimebut finally be relasesd.These cases are judged judiacal officals,accompained by thejudicial personnel’s subjective opinion even judicial corruption.The crime of pickingquarrels and provoking troubles, because of the lack of quantitative benchmarking andleading to judicial personnel subjectivity’s great enhancing, resulted in miscarriagesof justice occurred.This paper discusses the crime of picking quarrels and provokingtroubles itself and the abolition of analysis in the criminal law crime, in the hope ofputing forward suggestions and take after the abolition of the measuresshall,perfecting our criminal law system, and achieving the ultimate aim of safeguarding human rights.Discussion about whether to abolish the crime ofprovocation, is an important guarantee for China’s legislation on science and therealization of the rule of law.