The Research On The Judicial Determination Of The Crime Of Picking Quarrels And Provoking Troubles

According to the article293of the Criminal Code and the " Criminal Law Amendment(eight)"，Nuisance crimes stated as:"someone did one of these offenses trouble thatundermine the social order,may be sentenced to imprisonment, criminal detention or controls:(a) beating another person, vile;(b) chase, intercept, abusive, threatening to others, vile;(c) forcibly taking, damage or occupy the property, the circumstances are serious;(four)creating disturbances in public places, causing serious disorder in public places, musteringseveral others to implement the conduct that seriously undermine social order, not less thanfive years imprisonment, a fine can be imposed.While the judicial interpretation of Nuisance crimes that promulgated by supremePeople’s Court and supreme People’s Procuratorate made a Specific explanation onCircumstances of the crime, and made a selection of a heavy penalty provisions on guilty ofthis crime and other crimes when coinciding, thus solving the problem that how to choose thepunishment when it is hard to Distinguish crime and other crime. However, because of thesubjective aspects of crime and criminal object is controversial, and the guilt description istoo abstract and other reasons, lead to the position of this crime in the penal system isdifficult to determine,also as the abolition of the sound rising, it is still hard to determine thecrime.This paper take this as a foothold, discussing the criminal object of the crime, theobjective aspect of behavioral factors, the elements of the subjective aspect of motivation, Ihope my paper will be helpful to the judicial practice.This paper is divided into three parts:I made a brief introduction on the crime of evolution in the first chapter. First, I definedthe concept of Nuisance crimes. Second, I made a introduction on the legislation overview ofthis crime. And the last, I discussed the positioning and value of the crime in the penal system.I discussed the constitution of the crime that including the dispute of the object of thecrime, the determination of the objective elements of the crime(such as "random ","intimidation "," forcibly taking ", etc), the motivation factor of the Subjective aspects.On thebasis of existing theory, I think that the subjective aspect should not include the motivation.In the third part, I discussed two new judicial interpretation, including motivation,prescribed circumstances, implementation of this crime by using the Internet, and so on.