| The crime of picking quarrels and provoking troubles is separated from the crime of indecent activities set by the previous 1979 Criminal Law,It always most frequently occur with The crime of affray in the crime of disrupting traffic order.The four types of behavior from the enumeration of The crime of picking quarrels and provoking troubles have cross with crime of intentional injury and crime of pillage offence of robbery one subjective and objective aspect,Similar to the crime of extortion and the crime of force transaction etc,lead to identify this crime in judicial practice is not clear and the demarcation line between this crime and relate crimes is unknown.Now the article combines with the case of forced service by Mr Yu,under this premise of figuring out social harmfulness on substantive crime evaluation standard,Analysis the subjective objective aspect,behavior,target of crime.The paper is divided into four parts,the full text is about 20000 words.The first part introduce the case statement,sum up the divergent views and focus.The second part is focus of this paper,for the focus of disputes with legal knowledge analysis,The first,overview of social harmfulness by small length.This part focus on interpretation of the crime of picking quarrels and provoking troubles,the auther draw the conclusion which the object of this crime is social public order and specific motivation is not the subjective element,through the Introduction to the theories of the object of the crime and discrimination of motive and purpose of the crime.base on interpreting the threat and analysis background of the act of intimidation as a means of crime.we know the threat here should be a simple threat.Beside,this part analysis the measure,behavior object of importunity of property,and the difference between the crime of forced trading and the crime of robbery.The third part sort out the case according the second part of the legal knowledge analysis,the author draw thinks the Yu constitute the crime of picking quarrels and provoking troubles. |
