The Research Of The Crime Of Creating Disturbances

The crime of creating disturbances, as a kind of crime derived from The Criminal Law of 1979, has been controversial in the theoretical circle and judicial practice, this article discuss from three aspects to research the problems that the cognizance of the crime of creating disturbances, the boundaries with related crime, the subjective aspect and the crime of creating disturbances on the internet.It's aims to understand and correctly define the crime of creating disturbances, at the same time, also provide a reference to the problems in the judicial practice, the full text is divided into three chapters.The main content of the first chapter is that the cognizance question research of four objective behaviors about the crime of creating disturbances, the special objective behaviors make it's difficult to distinguish between the crime of creating disturbances and many related crimes, so it's often be called " Out charges " or "pocket crime". The article through a detailed discussion on the larger dispute essential condition of act, to have a more accurate recognition for this crime. The main content of the second chapter is that the boundaries problem of the crime of creating disturbances with related crime, based on the analysis and comparison to get a correct boundaries between them, in order to solve the problems identified in the judicial practice. The third chapter mainly around two special questions about the crime of creating disturbances to discuss,Subjectively, the “rogue motivation” makes the crime of creating disturbances be considered can't get away from the constraints of hooliganism, which is the predecessor of the crime of creating disturbances; The emergence of a new type of crime field make the crime of creating disturbances be suspected of “against the principle of legality ”.In the article, on the one hand, make a comprehensive discussion on the subjective aspect, to prove the rationality of the existence of "rogue motivation"; On the other hand, through the exposition of enforcement and verify about the crime of creating disturbances in the new field, to show that it is legitimacy and necessity for judicial interpretation expand the crime area of this crime to cyber space.