Research On The Crime Of Trouble-seeking Troubles

The crime of picking quarrels and provoking trouble originated from the crime of hooliganism prescribed in article 160 in the criminal law of 1979. The current crime of picking quarrels and provoking trouble, prescribed in article 293 in the criminal law of 1997, has four types of acts. Among the four types of acts of picking quarrels and provoking trouble, the acts of creating disturbances occupy a relatively small number of cases. However, the creating-disturbance type of the crime of picking quarrels and provoking trouble is more abstract in literal expression and difficult in understanding,which easily leads to erroneous judicial determination in practice. Based on the principle of the austerity and the principle of definiteness of criminal law, this paper is aimed at research on the disputes and problems in the judicial determination of the creating-disturbance type of the crime of picking quarrels and provoking trouble,identifying its nature and characteristics, defining its applicable scope, clarifying the difference between this crime and no-crime, this crime and other crime, enhancing its maneuverability in judicial practice,and thus guaranteeing civil rights.The paper is divided into five chapters. The first chapter is an introduction. It begins with the introduction of the legislative origin of the creating-disturbance type of the crime of picking quarrels and provoking trouble. This chapter also analyzes the theory of abolishment and existence, and proposes that the crime of picking quarrels and provoking trouble should not be abolished at present. The second chapter expatiates on the constitution of the crime. This chapter analyzes the connotation of the keywords concerning the crime, such as public places, public order, creating disturbances, presents characteristics of the acts of creating disturbances, namely provocation, overtness and extensibility, and clearly proposes that rogue motivation should be an essential factor in subjective term. The third chapter studies the problems of application injudicial practice of the crime, in particular to application in regulating behaviors of fabricating and spreading online rumors, as well as behaviors of illegal petitioning. Combined with the judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate, this chapter puts forward that the network belongs to the public places.However, the public order,which prescribed in the provision of "severe disorder in public order", should be limited to the public order in the realistic society. In dealing with the conflicts between free speech and public order, the proportion principle is adopted.Behavior of creating disturbances in illegal petitioning with serious social harmfulness should be convicted and sentenced in accordance with the law. The fourth chapter discusses the differences between creating-disturbance type of the crime of picking quarrels and provoking trouble and crimes that can be easily confused, including crimes committed by assembled crowds, the crime of fabricating and deliberately propagating false terrorism information, the crime of disturbing work order of the state organs. The punishment principle of imaginative joint of offenses is applied in handling the relationship between this crime and relevant crimes. The fifth chapter analyzes judicial status quo of the crime. Improvement should be conducted in both legislative and judicial aspects.