The Reasonable Apply Of Stir-up-trouble Crime

Stir-Up-Trouble Crime is a controversial charge,which counts the crux of unclear regulations,and the constitutive elements of crime is difficult to distinguish with other related offenses.Although there have been made some relevant judicial interpretations,but in judicial practice,it is still often difficult to use the crime,and often use it in error.In recent years,some cases related to the crime led to discuss in society,"Fang attack case" and "Qin libel Case" have made people hesitate the rationality of Stir-Up-Trouble Crime as an independent offense.Stir-Up-Trouble Crime has even been defined “a pocket-crime”,which reveals all the details of the charge.With the principle of Legally prescribed punishment for a specified crime,being called as a pocket-crime is not supposed to exist,Stir-Up-Trouble Crime urgent rectification of names.Taking into account the high cost and the lag of legislation,in the stand of dogmatics of law,Discriminating the constituent elements of Stir-Up-Trouble Crime,and making the ambiguities present in the object,the subjective aspect,objective aspect clear,and giving a reasonable position to Stir-Up-Trouble Crime in the logical flaws are the best way to solve the difficult in practice.This article will review the elements of the crime,and provide a reasonable explanation for the position and application of the crime.In addition to the introduction of this article,we will discuss the crime in four sections:The first part,we introduce the theoretical controversies with the origins of the crime,the elements of the crime and the new dynamics in network were simply,in order to provide the basis for the next discussion.The second part,we put forward the starting point of this argument and the problems to be solved: and the dilemma in practice,where the first section is the difficult problems in judicial application;the second section is a trend to be a pocket-crime,the third sections is the reasonable position of this crime.On the basis of applicable theoretical difficulties and the judicial dispute over the conduct of a comprehensive understanding of the following discussion is expanded.The third part,we make a comprehensive discrimination of the constituent elements of Stir-Up-Trouble Crime,and expound my personal thinking in the criminal object,objective and subjective aspects particularly.The fourth part,based on the discrimination of the elements of the crime,we will make a reasonable interpretation in the position of the crime,constitutive requirements of the crime and its differences with other crimes.