The Research On The Judicial Determination Of The Crime Of Picking Quarrels And Provoking Troubles

Because of people's work pressure increasing and people speed up their rhythm of life,the relationship between people has become nervous,the parties caused by accidental contradictions in life pass gave birth to a number of crimes and stir-up-trouble increase rapidly.It not only infringe upon the lawful rights and interests of citizens,also destroyed the social public order and cause an adverse effect.Although our country criminal law and judicial explanation to this kind of behavior to make the rules,it will not be able to summarize all possible situation sin the real life.In addition,in judicial practice,due to the differences in understanding of judicial personnel,the handing to the behavior which including assault and asking for money that caused by the daily life conflicts is often different.So,the analysis of the behavior which including assault and asking for money that caused by the daily life conflicts should to abandon the subjective practice and analyze according to the objective situation.In this paper,for example in the case of Gao's Stir-up-trouble behavior,starting with Gao beat and ask Lin for money which caused by a traffic accident.Through the analysis of Gao's criminal motive,criminal purpose,object of a crime and whether the behavior is arbitrary,this paper accurate qualitative Gao's behavior in the end and also hope to be able to benefit the judicial practice.This paper is divided into the following four parts:The first part introduces the basic situation of the case : Because of Gao can't get compensation in a traffic accident,Gao gathered friends to beat Lin and ask for property form Lin,which not only minor injured Lin and lost Lin's property,but also affected the public's normal life.Then,this paper summed up the differences in the process of hearing the case,the main difference is that Gao set up what sin and several charges.Finally,this paper extracts the focus of controversy in the case of disagreement.The second part: According to the theory of criminal law to analyze the focus of controversy: First,this paper analyzes the subjective elements of the crime of provocation,and take the motive for the crime as the subjective elements of affray crime to demonstrate.Then,from the view of the criminal purpose and criminal motive,distinguish the affray crime and the crime of intentional injury,crime of blackmail and impose exactions on,crime robbery.Secondly,this paper analyzes the objective elements of crime of affray,discusses the determination method of affray crime,the meaning of social order which is object of affray crime,and that the randomness is an important feature of affray crime.Then,this paper distinguished the affray crime and robbery crime form the objective aspect which included the behavior pattern,time and place.Finally,this paper analyzed and discussed the number of crimes that the behavior implemented various types of trouble at the same time.The third part: According to the previous legal principle analysis,combing with the specific circumstances of the case and get the qualitative conclusions of the case.The behavior that Gao beat Lin and ask Lin for property should be identified as crime of affray.In addition,the behavior that Gao implemented various types of trouble to Lin at the same time should be deemed as a crime of affray,severely punished.The fourth part: According to the above analysis,draw the inspiration and study of this case.The criminal motivation plays an important role in identifying the crime of affray and distinguishing the crime of affray and similar charges,and the object of crime is of great significance to cognizance the behavior.So,judicial departments should pay attention to the influence of criminal motive and criminal object on conviction in judicial practice.To judge whether the perpetrator was affray,sometimes should also measure the individual rights and interests of the public interest and the extent of damage.