The Improvement For Judicial Dilemma Of The Stir-up-trouble Crime

The stir-up-trouble crime used to be defined as hooliganism in the Criminal Law in 1979.Since the name "hooliganism crime" was abolished in 1997,the stir-up-trouble crime has been established as a separate criminal charge.The behavior of the stir-up-trouble crime can be divided into four types,according to the clause of article 293 of the Criminal Law in 1997.After the eighth amendments of the Criminal Law in 2011 and two Judicial Interpretations in 2013,the definition of stir-up-trouble crime became further improved.However,since various of problems are appearing in judicial practice,some other types of criminal behaviors and misconducts are wrongly classified as stir-up-trouble crime.To deal with this plight,the research of the improvement of this crime becomes necessary.This paper is divided into three parts.The full text is 20,000 words or so,its main contents are as follows:The first part introduces the current regulations of the stir-up-trouble crime and two famous cases which have been widely discussed.The boundaries of the crime and the distinction between this crime and other crimes has been a big problem in the judicial practice.The second part mainly discusses the plight of the stir-up-trouble crime in judicial practice.On the one hand,the lack of uniqueness objective behavior and other related charges behavior overlap,leading to the problem to distinguish between crimes and related charges;On the other hand,"rogue motivation " as one of the subjective elements of the stir-up-trouble crime,is difficult to cognizance;The stir-up-trouble crime is so special because only the plot decides whether it's set up or not,however,the regulation of the plot is not clear,and the plot problems are difficult to recognize in judicial practice.The third part mainly discusses the identified difficulties in judicial practice to explore the improved path for stir-up-trouble crime.Firstly,the stir-up-trouble crime has it's value to exist;Secondly,the mainly legislative intent of the stir-up-trouble crime is the criminal's personal danger,the penalty purpose of stir-up-trouble crime should be the unity of prevention and retribution,and prevention is more important than retribution;Thirdly,starting from the legislation purpose of stir-up-trouble crime and the principle of the Criminal Law,the feasible revision opinions are put forward to the incrimination of stir-up-trouble crime;Finally,the punishment of the stir-up-trouble crime does not match with other crimes,the heavier punishment in judicial practice is seldom used,and it's necessary to modify the punishment setting and increase the penalty punishment.