Research On Tackling The Crime Of Picking Quarrels And Provoking Troubles

As a frequently occurred form of crime,the crime of picking quarrels and provoking suffers a lot of controversy in theory owing to its ambiguity compared to other similar crimes.Thus the application differs from place to place in our country,either slightly or over judged.Even in a same place,the police department,procuratorate and the court could have different opinions on a same case.As a result,judgments vary from time to time on similar cases,which inevitably endanger the authority and unity of the practice of law.Aiming at the most controversial arguments,this research presents an in-depth study on the crime of picking quarrels and provoking concerning its crime object,crime subject,crime scene,motive and randomness etc.,and tells the differences from other similar crimes.The major points include the following: the crime of picking quarrels and provoking targets at public order and is featured by single or multiple crime objects;the crime of picking quarrels and provoking shows in various way and crime object is crucial to define the conduct;evaluation of the crime scene is important for it shows the relation between the disordered benefit at the crime scene and the crime object;based on legal definition,crime subject should not be simply considered as unspecific plurality,the violated interests of crime subject should be selectively analyzed,and the motive should be focused on exceptional legal definition;randomness is the decisive factor in defining the conduct,while roguery still severs an important role.According to the above theory,the research also tells the differences of various forms of the crime of picking quarrels and provoking from other similar crimes.