The Research On Perplexed Questions Of Stir-up-trouble Crime

The crime of stir-up-trouble was divided from the crime of hooliganish,the characteristic of this crime is just like “small pockets”,which is inherited from the hooliganism crime.In practice,as long as someone implementation of the stir-up-trouble crime,the stir-up-trouble crime would be convicted and punished.However,this act violates the criminal's fundamental principle,that is---The principle of a legally prescribed punishment for a specified crime,it also disobeys the principle which require caution of penalty.Therefore,the first and foremost thing to resolve the crime of stir-up-trouble's questions is how to accurately understand and grasp the essence of this crime.This article will by forming the problems systematically to research the crime of stir-up-trouble,especially about questions in the constitution of this crime and judicial practice.The first part is to analyzes the object of this crime,and comment these theories,then give my opinion.The second part is to analyzes the action aspects of this crime,and combine some legislations and classic cases to pose my view.The third part is to explore the subjective aspect of this crime,especially to analyze the disturbance between the motives and purpose of this crime,and give some suggestions about this question.The forth part is to discuss the problems in judicial practice,combining some actual case,to research the question on suspended situation,differences from intentional injury crime and differences from crime of gathering to disturb public order.The third part is to compare the argument on legislation tendency,and analyze the necessity of this crime,and then combine the experiences from home and abroad to give some constructive suggestions on perfecting the crime of stir-up-trouble.