Some Research About The Crime Of Creating Disturbances

The Crime of Creating Disturbances is a controversial crime in the theoretical and judicial practice,the study of this crime has great theoretical and practical significance.On the basis of predecessors' research,this paper mainly discuss its characteristics of complementarity and objective constituent elements through analyzes the status of the crime of creating disturbances in the criminal law system.Simultaneously,analysis the changes in the Criminal Law Amendment(8)of the crime of creating disturbances.And through some case about the crime of creating disturbances,put forward my own views on judicial practices.This article is divided into four chapters:The first chapter is an overview of the crime of creating disturbances.It mainly introduces the origin and development of the crime of creating disturbances.the crime of creating disturbances is decomposed from the crime of hooliganism,although its objective behavior has more clearly,but there still remains some ambiguity.In my opinion,we need to acknowledge the ambiguity about the crime of creating disturbances,and do something to complete it.The second chapter analyzes the objective aspects of the crime of creating disturbances.The subject of the crime is simple,the controversy about this crime is on the subjective aspect and objective aspect.To clear this two question,first I give a definition about the motivation of the crime of creating disturbances,and then affirm that motivation has a positive effect on distinguish crime or non-crime and this crime or another crime.About the objective aspect,I defined the ambiguous terms in the law about the crime of creating disturbances,hope to do some help to the practice.The third chapter is mainly analyzes the changes made to the crime of creating disturbances by the Criminal Law Amendment(8)which promulgated in 2011,fully affirmed its progressive significance,and also put out its shortcomings.Criminal Law Amendment(8)add a behavior "gathering many others repeatedly doing" to the crime of creating disturbances,and raising the penalty to 10 years and increasing fine penalty way.Allthis changes improved the law about the crime of creating disturbances,but the ambiguity problem is still a drawback of this charges.In the fourth chapter,points out the dilemma of the crime of creating disturbances in the judiciary,and use some case,combined with the previous analysis of the motivation of the crime of creating disturbances and the definition of the objective aspect,to reveal that it is a all-round consideration to identify the crime of creating disturbances,need to strictly control the objective aspects of this charge,and the same time let the motivation into consideration,so that can distinguish the crime of creating disturbances and other related crimes.