Analysis Of MR Zhang Suspicion Of Stir-Up-Trouble Case

In recent years,the large number of cases about Stir-Up-Trouble crime is sentenced, which reflects the judicial authority to combat crime and its determination.The issue of legal application of the crime has been vague.Some scholars call it as Pockets Sin and Miscellaneous Provisions.There is no consistent opinion in constituting the crime or non crime, this crime or other crime.Controversy exists between the courts and other judicial departments.Sometimes even in the case of the same investigators,it also has different understanding of the case which lead to similar cases in different processing results.We are going to discuss MR Zhang suspicion of Stir-Up-Trouble case belongs to this situation.In this case there are several aspects of the following main points:First, if it only constitutes the crime of Stir-Up-Trouble.Second, whether it only constitutes the crime of intentional injury.Third,whether it constitutes the above two charges. Fourth, whether the existing evidence can be convicted.In the view of the focus on these disputes,we can draw the following conclusions.First,to make a decision of non prosecution is questionable.Second,Zhang’s behavior also violated the Stir-Up-Trouble crime and intentional injury crime which we call imaginative joinder.Third,we should be deemed to constitute the crime of Stir-Up-Trouble. In theory,we should choose the felony to punish with Stir-Up-Trouble crime. In fact, by analyzing the existing evidence which of the crime of intentional injury is insufficient.It should be found to constitute a crime of Stir-Up-Trouble crime is appropriate.