A Study On The The Crime Of Picking Quarrels And Provoking Troubles

The crime of Picking Quarrels and Provoking Troubles that was a crime separated from the section 160 in "Criminal Law" of year 1979's “hooliganism”.From the birth,the crime had many disadvantages,so it was called pocket crime and the last handling method by the legal workers.Trouble creating offense has many of aspects in the objective behavior,include illegitimate spiritual awareness.It is well known that The crime of Picking Quarrels and Provoking Troubles is damage social public order and harmful people's life of stabilization,even break the social public order.In September 2013,the Supreme People's Court and Procuratorate jointly promulgated the Interpretation on Several Issues Concerning the Specific Application of Law in the Handling of Defamation and Other Criminal Cases through Information Networks.In this interpretation has stipulated the action of fabricating and releasing fake message resulting in public chaos on internet as The crime of Picking Quarrels and Provoking Troubles.Therefore,the first,the paper is based on the concept of The crime of Picking Quarrels and Provoking Troubles,the legislative development process and criminal aspects.The second,The crime of Picking Quarrels and Provoking Troubles produces all sorts of issues in judicial practice,include Retention and the abolition of the crime and Conviction and unconviction,be based on the real crime and the constituent elements of the crime to solve the problem.The third,in recent years,network-based The crime of Picking Quarrels and Provoking Troubles contains public place and public order,had serious social harmfulness.Meanwhile,the point to define the Crime and the other related crimes is based on the constituent elements of the crime,and to break poket crime.And the last,the author puts forward some suggestions of the Crime,such as legislation justice and supporting social countermeasures.With the above three aspects to improve the crime in process and solve corresponding problems,it is convenient that administration of justice to hand with the similar case.In the end,the global theory will be helpful promote the practice and theoretical research.