Study On The Conviction And Sentencing Of Stir-Up-Trouble Crime

Stir-up-trouble crime in Chinese criminal law theory and judicial practice is one of the controversial charges.Before hooliganism has not been abolished,stir-up-trouble crime is the one way,in the revision of the "criminal law" in 1997,the abolition of hooliganism and established stir-up-trouble crime,"criminal law amendment(eight)" in 2008 and its modified,then a few years of the supreme people's court and the supreme people's procuratorate issued on its relevant judicial explanation and sentencing guidelines,but in stir-up-trouble crime in the judicial practice criterions for the conviction of problems still remain.In the judicial practice work stir-up-trouble crime convictions,there because of their criminal behavior and other related crimes cross overlap,for example,with intentional injury,robbery,the crime of intentionally damaging property and organizing a mob to disturb the social order the boundaries of fuzzy uncertainty.Analytical stir-up-trouble crime by studying the constitutive requirements of crime,made clear the crime subjective aspect existence "rogue motivation" and complicated object of crime,can be clearly divided stir-up-trouble crime and other related confusing crime,whether for particular behavior for stir-up-trouble crime,also can undertake objective judgment.On judicial explanation of "projects" issued in 2013 has increased the use of information network stir-up-trouble crime regulation,it is necessary to clearly understand information network stir-up-trouble crime types of behaviour and identity problems,so that application of stir-up-trouble crime in cyberspace.For cyberspace disputes,whether can be understood as public network space should be understood as a public place,so you can play stir-up-trouble crime in the virtual network world to crack down on rumor,spread false information,such as the function of the crime,to maintain the stability of the network space and the social order.In the judicial practice work after determining a behavior constitutes stir-up-trouble crime,the sentencing of the work also need to be taken seriously.According to laws and regulations,judicial interpretation and the provisions of the sentencing guidelines,combining with the characteristics of stir-up-trouble crime itself,to determine the correct specific stir-up-trouble crime case legal sentence,clear the amplitude of the two penalty discretion standard,finally realizes the crime punishment suitable.When specific sentencing,under the premise that adhere to the standardization of sentencing method,combining with specific stir-up-trouble crime crime fact of case,determine the starting point of sentencing,the benchmark punishment,punishment.Because stir-up-trouble crime itself belongs to the crime of lighter,so during the sentencing,in accordance with the condition of probation and be exempted from punishment,should actively apply two kinds of ways,both to the function of two kinds of ways,also can attain the goal of education reform of penalty,the realization of ultimate stir-up-trouble crime prevention of crimes and the crime purpose.