Research On The Judicial Determination Of The Crime Of Provoking Crimes

Affray Crime is decomposed from hooliganism set by the Article 160 of the 1979”Crime Law”.It was set in 1997 revised “Crime Law” Article 293.I chose this topic,there are three reasons:First,In daily life,stir-up-trouble behavior often happen;Second,"because of the act of the random beating others"? "strong stubbornly property of others"? "damaged property freely "is similar to the harm behavior of intentional injury, robbery behavior of robbing someone, the deliberate destruction behavior of property crimes;The last, the Affray crime is provided very abstract by law, such as the word of "random"? "plot serious"?"plot bad"don't give specific provision,a judge has the huge discretion, as a result, the judge in the judicial practice o is difficult to accurately grasp, lead to controversial, that can lead an inappropriate sentence on the crimes. On July 22, 2013, the supreme people's court, the supreme people's procuratorate perfect make efforts,such as enact the law about "About to deal with troublemakers to explain some issues of applicable law in criminal case,make the word of "random" "plot serious"'plot bad” get specific provision, In this paper,the author will focus on some specific cases,and analyze them to find a way to solve the dilemma of defining the Defiance and Affray Crime.This paper consists of three chapters,respectively is:Chapter one:The author will mainly describe the case,the verdict,the controversial points and the arguments caused by the controversy.That is an indispensable process for a case analysis.Chapter two:The second chapter mainly analysed the problems of the case,including how to understand stir-up-trouble lead the serious injury or death on people,the analysis of the limits of random beatings Affray crime and intentional injury, the analysis of boundaries of strong type and stubbornly stir-up-trouble crime and robbery, the analysis of boundaries of any damaged stir-up-trouble crime and willfully damaging property. The analysis of these problems will be necessary for the analysis of the constitutive requirements of stir-up-trouble crime, including the form of stir-up-trouble crime as well as the analysis of the subjective motivation, stir-up-trouble crime analysis of interests and stir-up-trouble crime behavior characteristics analysis; Finally make a comment for each case.The third chapter is mainly on the basis of case analysis, combining with each case raises problems summarized stir-up-trouble crime in judicial predicament, and put forward "to perfect the legislation and perfect the matched judicial interpretation" advice, perfect stir-up-trouble crime judicial cognizance question.