Research On The Application Of Stir-up-trouble Crime Penalty

Stir-up-trouble crime since its birth in 1997, because of the ambiguity of the law causes the bear "whole" reputation and widely criticized.To make up for the loopholes, the 2011 amendment to the criminal law of the People's Republic of China(eight) "has made a change to this crime, one is the increase in the first paragraph" scare "this behavior, 2 it is to increase the implementation of the behavior of the preceding paragraph" many times "goons others and improve the provisions of the statutory punishment, as the second paragraph of this crime,expanded stir-up-trouble crime, crime circle in September 2013, the supreme people's court and the supreme people's procuratorate jointly issued" about to deal with the use of information network implementation of libel and other criminal cases to explain some issues of applicable law, to extend the scope of public places to network virtual space, to further expand the stir-up-trouble crime the scope.Has been, however, in judicial practice, there is "the conviction and sentencing" wrong ideas, punishment for problems in the theoretical research of criminal jurisprudence is not subjected to the attention it deserves, scholars will most of the concerns are focused on the crime constitution theory, especially in the study of the specific provisions of criminal law. In the study of stir-up-trouble crime, "the conviction and sentencing" the erroneous ideas of concentrated reflection.In the study of its related problems, most scholars discuss the historical evolution of stir-up-trouble crime, crime and the crime problem and the relationship between this crime and those SINS, even in the expansion of stir-up-trouble crime circle today, punishment for crime problem is also a few takers. Know online in China, we can find a lot to discuss the stir-up-trouble crime that can't find any articles and stir-up-trouble crime punishment for related articles, as a result, apply to the study of the problems of the stir-up-trouble crime punishment is extremely limited.however, the author found in the process of collecting stir-up-trouble crime case, the defendant stir-up-trouble behavior of the victim is usually caused by a slight injury or damage to property few thousand yuan, and the defendant has to compensate for the loss of the victim,the condition of the understanding of the victim, but still be sentenced to fixed-term imprisonment for about a year, and rarely apply this crime control, probation applicable rate is low. According to this phenomenon, the author in collecting a large number of cases and on the basis of statistical analysis, divided into four parts, this paper discusses stir-up-trouble crime punishment for problems, in order to make the punishment for stir-up-trouble crime ismore conform to the principle that match the crime punishment in our criminal law.The first part: stir-up-trouble crime punishment applicable conditions. In this part, the author analyzes the collected cases, conclude and summarize, and stir-up-trouble crime punishment for the understanding of the status has a comprehensive, objective, including applicable to stir-up-trouble crime punishment in judicial practice of punishments and deadline, probation applicable situation and the harm result and the applicable conditions and circumstances and apply penalty.The second part: stir-up-trouble crime punishment for problems. Through to the stir-up-trouble crime punishment for the status, analysis, clarify the judicial practice in stir-up-trouble crime punishment applicable in applicable punishments, sentencing identified the problems existing in the plot.The third part: stir-up-trouble crime punishment for advice. Through the analysis of theory and practice, to clarify the stir-up-trouble crime cognizance standard general under the premise of this crime penalty discretion should tend to the mitigation of punishment applicable Suggestions, including from the penalty discretion, improve probation applicable rate, active as sentencing circumstances and specification given four aspects.The fourth part: conclusion. In mastering stir-up-trouble crime of criminal law in the judicial practice conditions, on the basis of combining the theory of the anamnesis of severe punishment, it is concluded that this article abandon pan-moral thoughts, apply to control crime slight stir-up-trouble crime to expand, for this crime of the defendant eligible for probation applies on a conclusion as soon as possible, especially for the first offense.