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Research On The Crime Of Picking Quarrels And Provoking Troubles In Chasing Abusive Type

Posted on:2017-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:L J LeiFull Text:PDF
GTID:2336330488477908Subject:Law
Abstract/Summary:PDF Full Text Request
Clarity and specificity of the law is the requirement of principle of a legally prescribed punishment and universal respect for human rights.If the words of the law is not clear or well-defined,it will become a “whole”,can't avoid to be abolished,in the other side,it's difficult for ordinary citizens to understand the connotation and the essence of the law,if they inadvertently touch law,it will cause unease.Moreover,the judicialstaffsdon't haveunified and detail rules,it wil destroy the judicial application,destroy the unity of the rule of law, affect the impartiality and fairness.The fuzzy of word boundaries have made Stir-up-trouble crime to be known,so i intends toanalysis and research the abstractand broad words in Stir-up-trouble crime.i will analysis the connotation and characteristics of chase, intercept, abusive and threatening with specific cases.The four kinds of behavior are under the motive of playing rascal, bullying the weak,despising social morality, rocking the harassment of others.The other point of controversy in this provision is the understanding of the degreeof“bad” behavior.Some people think that it should be understanded synthetically from thebehaviorfrequency, behavior object, behavior means and consequencest.Some people think that we should conside factors such like the manners in which the actor is employed, the places of occurrence, the objects of the object and the consequences.The Supreme People's court, the Supreme People's Procuratorate on the handling of the?interpretation of several issues concerning the application of law of affray criminal cases?still have the same flaws,that means the boundaries word are not clear, so i will explain some confused and ill-definedwords like “the number of times”“cause bad social influence”“ weapon”in the chapter of behavior factors.There are few scholars who have made an in-depth study of this clausefor the pursuit of abuse of affray type.Just a little part of it was summarized in the relevant monographs, journals or papers.So i studies it alone,to exploring it's deeper level,to finding out the main and unique points of the research.My destination is to resolving most of the disputes in this clause and drawing a suitable accurate conclusion.
Keywords/Search Tags:disturb, behavior mode, behavior object, degree of behavior
PDF Full Text Request
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