Study On Several Issues Of The Crime Of Creating Disturbances

From “picking quarrels” in the crime of hooliganism to the separate crime of creating disturbances,it reflects the improvement of criminal legislation technical and the principle of criminal law. The related legislative amendments and judicial interpretation of the crime of creating disturbances further enriches the connotation and specifications of the crime, and meets the practical needs of the judicial practice.However, since the provisions of the crime of creating disturbances are wide open,this makes it controversial to identify the crime. Such as the case of “Fangzhouzi’s being attacked” and “Network Disinformation of Qin huohuo”, the focus of controversy is concentrated on the application of the crime of creating disturbances.In addition, with the advance of information technology and the coming of“Internet2.0”era, the networking development trend of the crime of creating disturbances is evident, it once again has been extensively studied and discussed on the issues whether the crime of creating disturbances can be applied on the Internet and how to eliminate the suspicion of the “pocket crime”.In order to provide assistance for the judicial practice, along with the relevant provisions of the Criminal Law and the judicial interpretation as well as the typical cases in judicial practice, the writer tries to start from the theory of Criminal Law to study three divergent issues of creating disturbances. The text of this thesis is composed of four parts except the preface and conclusion.Part I: The writer will describe the process of the crime of creating disturbances and list four situations of this crime, which is separated from the crime of hooliganism,from the perspective of the legislative evolution. The writer also will clarify the criminal structure of this crime for correctly applying it in complicated cases.Part II: Based on the first part, the writer will further study the issue of subjective motive of the crime of creating disturbances, and understand the “scampish motive”and make sure the necessity of subjective motive of constituting the crime of creating disturbances.Part III: Staring from the issue caused by the case of “Fang zhouzi’s being attacked”, the writer will clarify the “assaulting arbitrarily” of the Crime of CreatingDisturbances and intentional injury, specifically judge “arbitrarily” and“assaulting”, and proposes the existential possibility of the unaccomplished crime of intentional injury.Part IV: There is no dispute on the cognizance of “public place” in the fourth situation of the crime of creating disturbances. However, in theoretical circle, there are some disputes on the issues whether stirring troubles in “cyberspace” can be defined as the crime of creating disturbances and whether “order of public place”replaced by“public order” belongs to analogy explanation. In this part, starting from a typical network stirring troubles case- “Network disinformation of Qin huohuo, the writer analyzes the content of the judicial interpretation for providing assistance for China’s judicial practice.