On The Crime Of Random Assault And Provocation

The crime of provocation is originated from the crime of hooliganism stipulated in the criminal law of 1979.It is a crime separated from hooliganism.Since the case of Fang Zhou’s attack in 2010,whenever there is a provocative case,the crime of provocation will be pushed to the tip of the wind,causing the public to talk about the crime of provocation.One of the types of crime of provocation,that is,"beating others at random",is a kind of provocation that is very easy to take place in social life,which makes the crime of provocation more easily become a crime of social concern.Therefore,the author should not only identify the crime of aggressive provocation in theory,but also identify the offense of random assault and provocation from the judicial practice.In the theory of criminal law,the legal benefit determines the independence and necessity of a crime.The legal benefit of the crime of beating the type of provocation at will is the health and safety of the individual in the public order.The crime protects the personal safety of the individual and the public order,which is dual.The "random" of the crime of provocation should be combined from the view of subject and object;the criminal theory circle of our criminal law defines the criterion of "beating" in the "tangible force",while the physical force means that the force of beating must be on the body of others,but there is no demand for the size of the strength of the assault;on the random assault type provocation.The "bad plot" of the crime must be based on the latest judicial interpretation,combined with objective aspects,such as the objective,the way and means of behavior,the time and place,and the consequences of the harm.It is also necessary to take into account the subjective crime and motivation of the actor’s behavior.The subjective crime of the crime of provocation is intentional,including direct intentional and indirect intent,and from intentional understanding and will factors;the motive of the crime is a subjective factor.This article holds that the motive of the crime of beating the type of provocation must not have a hooligan motive,because the concept of hooligan motivation is already It is inopportune and the spoken language is serious,and the provisions of the criminal law of our country have no related words of hooligan motivation;the crime of random assault and provocation does not belong to the purposeful crime,so it does not need special criminal purposes.In judicial cognizance,there is a clear crime in the criminal law of China is the premise of the crime,but the key to the conviction is to have all the elements of the crime.In the judicial practice,it is difficult to determine the boundary between the offense of aggressive provocation and the similar crime.In this paper,the boundary between the offense of random assault and the crime of intentional injury and the crime of crowd fighting is mainly discussed in this paper: dividing the boundary between the crime of random assault and the crime of intentional injury,we should first get rid of it.The idea of abandoning the absolute distinction between the two crimes is to analyze the legal benefits and the constituent elements of the two crimes under the connection between the offense of random assault and the crime of intentional injury;and the same,on the premise of acknowledging the connection between the offense of random assault and the crime of crowd fighting,contrasts and analyzes the crime and the crime of affray in the legal benefit and the crime of entering into the crime.The standard and the subjective and objective aspects are different.The special form of the crime of fighting other people’s type of provocation is also one of the common judicial cognizance.From the theoretical level,this paper analyzes the form and form of the crime accomplished,the discontinuation of the crime and the attempted crime in the form of the stop form of the random assault type provocation crime.A concrete analysis is made with the principal offender,the help offender and the abettor,in order to play a supplementary role in the study of the crime of arbitrary assault.