Some Difficult Problems In The Stir-up-trouble Crime

From the son of Mr.Li hit persons case to xiao hired thugs beating fang,from Wenling child abuse to the recent network reds guo,public opinion,pushing stir-up-trouble crime to the frontier of the masses.In recent years,public focus on the Stir-up-trouble crime more and more,including the criticism and the censure.In2013,the supreme people's court,promulgated and implemented two laws,which make stir-up-trouble crime in the judicial cognizance of controversy and criticism.The explanation compared with article 293 of criminal law,for stir-up-trouble crime,crime,the cognizance of the plot and sentencing are more clear and refined,but the new judicial interpretation has not eliminated controversy in theory and practice,new problems emerge in endlessly.This article through elaborates the four parts,including the situation of lawmaking for stir-up-trouble crime,stir-up-trouble crime subjective aspect of the problem,stir-up-trouble crime objective aspect problem study and the affirm of network stir-up-trouble crime.The first part mainly studies the general situation of the legislation stir-up-trouble crime.The second part discusses the subjective aspect of stir-up-trouble crime problem.The third part focuses on the study of stir-up-trouble crime objective aspects of the problem.The fourth part mainly aimed at network stir-up-trouble crime under the new judicial interpretation.