Problem Of Random Beatngs Type Disturb The Crime

Stir-up-trouble crime and intentional injury is the most common in criminal justice activity two charges, and optional battery type stir-up-trouble crime and intentional injury extremely similarity, it makes in the judicial practice, this crime and crime is hard to discern. Type of arbitrary beatings stir-up-trouble crime, therefore, how to analyze criterion for the conviction, to distinguish features of this type stir-up-trouble crime, clarify the crime and the crime of the defined standards, distinguish the boundaries of the crime and he sin extremely has the necessity and urgency.This article type for random beatings stir-up-trouble crime research mainly concentrated in the following three aspects, the first from the components of the beating type stir-up-trouble crime analysis, through the object on the determination of their legal interests, objective aspects of the analysis of the "random" and "bad" scenes, subjective aspect on the analysis of the motivation, to deliberate analysis to determine if the case constitutes the crime of the basic conditions; Theoretically analyses how to confirm the battery type stir-up-trouble crime crime and non crime, comparative analysis of random beatings type stir-up-trouble crime and the limits of intentional injury and contact, to do good in practice. The third is to return to practice the judicial operation, through the analysis of real cases come to the conclusion that sublimation theme.