Study On Crime And Crime Determination Of Picking Quarrels And Provoking Troubles.

In our country,stir-up-trouble behavior,respectively,"criminal law" article two hundred and ninety-three and article 26 of the "public security management punishment law adjustment by norms,rules respectively for stir-up-trouble crime and stir-up-trouble security violations.But in judicial practice,stir-up-trouble crime expands,adjusting range and stir-up-trouble security coverage of the illegal act is restricted to " public security management punishment law article 2 integrity rules,boundaries between have gradually to the illegal side went on the trend of public security,more could have been identified as the illegal troublemakers was identified as public security stir-up-trouble crime,expanded the application of the penalty.Stir-up-trouble policing illegal and stir-up-trouble crime of identity,the core is to order both illegal and criminal division adjusting range boundaries,and research,this paper is to redraw the troublemakers to illegal and criminal boundaries as the core,to solve the stir-up-trouble behavior of illegal and criminal decided that this problem.The first part of this paper is to introduce the legislative evolution of the behavior of provoking trouble,mainly introducing the development of the legislative norms of the crime and public security violations since the founding of the People's Republic of China.Stir-up-trouble behavior in "criminal law" regulation,mainly from hooliganism of type a behavior to the development of the independent into sin,this from the Angle of legal development for stir-up-trouble crime become a "whole" in current judicial practice in our country provides the explanation.Under the background of evolution of the criminal law,stir-up-trouble behavior in security legislation evolution process is simpler,the security legislation in the late mainly serve for the adjustment of the criminal law to undertake,the provisions of the behavior type and criminal law are very approximate.In the second part of this paper,from the perspective of current legislation,the normative situation of the law and regulations of public security law and crime is analyzed.On "criminal law" and "public security management punishment law of stir-up-trouble behavior types were analyzed,from stir-up-trouble behavior in both the law of two legal norms in the content of cohesion on the specification of the lines.According to the connection status of the crime of disturbance of public security and the crime of picking quartets,it is divided into three situations: the type of behavior that overlapped,the type of intersecting behavior,and the type of behavior that is not connected.The types of behaviors that overlap include: chasing,intercepting,extorting or destroying or occupying public or private property.The types of intersecting behavior are mainly the types of gang fighting behavior and the random beating of other people.The types of behavior that are not connected to legislation are abusive,intimidating,and annoying in public places.Although the two types of behaviors are not stipulated in the law of public security administration,but according to the nature of their content,this paper puts forward the legislative initiative of "punishment and responsibility".This article third part from the perspective of legal application,this paper first analyses stir-up-trouble behavior the legal application difficulties in judicial practice in our country,discuss the cause of the "whole" and the principle of a legally prescribed punishment of contradictions,from the perspective of value compared to the "whole" to the order value and the significance of a legally prescribed punishment principle embodies the value of freedom and justice.It is concluded that the application of the law of the crime should follow the principle of legality.And then introducing the tolerance principle in criminal law,the austerity of criminal law,sexual interpretation,this paper applied to provoke the austerity of criminal law sex behavior law applicable feasibility,finally according to the tolerance of sex in the criminal law applicable law put forward specific requirements for stir-up-trouble behavior: namely improve stir-up-trouble crime is "lower limit",on expanding our scope of reasonable adjustment stir-up-trouble security law.In the fourth part of this article,based on the former three parts to discuss the conclusion and discussion by using the theory,to involve stir-up-trouble crime and crime boundary under the current law system of the relevant system of rationalization proposals and ideas for the future system.Stir-up-trouble policing illegal and stir-up-trouble crime shall have their respective space reasonable apply,in expanding the horizons of stir-up-trouble security law adjustment at the same time,apply for stir-up-trouble crime keep reasonable space,at the same time also should pay attention to prevent stir-up-trouble policing illegal become "pockets" clause in the public security penalties.Finally puts forward some Suggestions of constructing integrated legal punishment system,think our system of public security penalties and criminal law system should be integrated,the two parallel punishment system,integration,avoid punishment laps to expand,more reasonable,coordination and maintaining social order.