The Research On Determination Of The Crime Of Defiance And Affray

The title of the article is “The research on determination of the crime of defiance and affray” The article has been aimed at abolishing the "pocket crime" with extremely high voices over the years and conducting research on the crime of provocation.In the direction of gradual abolition,adhering to the standpoint of objectivism and accusation of crimes,proposing temporary retention of crimes,legislation and judicial synchronization to improve the provisions of crimes and combining the power of administrative law to accurately apply the crime of seeking trouble for provocation and the crime of limiting the crime of seeking trouble In the hope that the crime can be completely abolished in the future.The first chapter is about the judicial dilemma and theoretical controversy of seeking crimes of provocation.Through the collection of cases that have already been processed in practice,the author has selected six typical cases in three different situations.In the first chapter,the purpose of this discussion is to explain the three situations of “quickly beating others”,finding troubles,“getting people in public places to make troubles”,and “network false information” to find troubles.The behavior is different in the academic world,and the phenomenon of "different judgments in the same case" caused by the understanding of the legal provisions based on different viewpoints does exist,and there is a need to improve the application of the crime.The second chapter points out the causes of the above problems.For example,too little legislative interpretation leads to excessive use of judicial interpretation.It explains many but still cannot solve the problem of confusing and random application of the crime of seeking trouble;as in practice,the understanding of judicial staff is applicable.There has been a big deviation,and what behaviors tend to be in the "pocket" of the crime of provocation.In addition,the legislative tendency of “pursuit of roughness”,the provisions of “spoken language”,and the neglect of “public place” elements,the author believes that it is also the cause of disputes in the judicial and theoretical circles.The third chapter is the author's perfect suggestions for solving the problems exposed by the crime of seeking trouble.Rooted in the reality of our country,looking at the foreign legislative system,how to deal with crimes like the crime of finding trouble,how the civil law countries are regulated,such as learning Japan to put various behaviors related to troubles into different crimes To specific regulation,a crime corresponds to a criminal situation,and the breakdown is refined.In Germany,we can learn that it strictly limits the scope of crimes that criminal law strikes,raises the threshold for entry into crimes,and prudently uses the power of criminal law.For some cases where the circumstances are not serious.It can be placed in the administrative criminal law.The so-called administrative criminal law can also improve China's "Public Security Administration Punishment Law" and other administrative laws to better integrate it with criminal law,and transfer some of the less serious crimes from the scope of criminal law to administrative law.Within the scope of regulation,it is too much to break down the “search for troubles and crimes”.Then the author puts forward the theoretical perfection suggestions for seeking crimes of nuisance,and refines and perfects the regulations of “arbitrarily beating others”,quantifies the elements of “public places” more objectively and concretely,and improves the “false information” in the case of “network quests and troubles”.The scope of the limitation and specific explanations give the practical path of the crime identification method.